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Canadian  Instituta  for  Hiatorical  Microraproductions  /  Institut  Canadian  da  microraproductions  historiquaa 


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0 


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Th«  copy  fllmad  tmrm  haa  bMn  raproduead  thanka 
to  tha  ganaroaity  of: 

MieOdnim  Library 
C«ri«ton  Univtnhy 

Tha  imagaa  appaaring  hara  ara  tha  baat  quality 
poaaibia  conaidaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  Icaaping  with  tha 
filming  contract  spaeifieationa. 


Original  copiaa  In  printad  papar  covara  ara  filmad 
baginning  with  tha  front  covar  and  anding  on 
tha  laat  paga  with  a  printad  or  iliuatratad  impraa- 
sion.  or  tha  bacic  covar  whan  appropriata.  All 
othar  original  copiaa  ara  filmad  baginning  on  tha 
firat  paga  with  a  printad  or  iliuatratad  impraa- 
sion.  and  anding  on  tha  laat  paga  with  a  printad 
or  iliuatratad  impraaaion. 


Tha  laat  racordad  frama  on  aaeh  microficha 
shall  contain  tha  symbol  —^(moaning  "CON- 
TINUED"), or  tha  symbol  V  (moaning  "END"), 
whichavar  appliaa. 

Mapa,  plataa.  eharta.  ate.,  may  ba  filmad  at 
diffarant  raduction  ratioa.  Thoaa  too  Jarga  to  ba 
antiraiy  inciudad  in  ona  axpoaura  ara  filmad 
baginning  in  tha  uppar  laft  hand  comar.  laft  to 
right  and  top  to  bottom,  aa  many  framaa  aa 
raquirad.  Tha  following  diagrama  iliuatrata  tha 
mathod: 


L'anamplaira  film4  fut  raproduit  grica  i  la 
gAnAroaiti  da: 

MaoOdrum  Library 
Cariaton  Univsnity 

Laa  imagaa  suivantaa  ont  4nt  raproduitaa  avae  la 
plua  grand  soin.  compta  tanu  da  la  condition  at 
da  la  nattat*  da  I'axampiaira  film*,  at  an 
conformitA  avac  laa  conditiona  du  contrat  da 
fNmaga. 

Laa  axamplalraa  originaux  dont  la  couvartura  an 
papiar  aat  imprim^a  sont  fiimte  an  commandant 
par  la  pramiar  plat  at  an  tarminant  soit  par  la 
damMra  paga  qui  comporta  una  ampraima 
d'Impraaaion  ou  dliluatration.  soit  par  ia  sacond 
plat,  salon  la  eaa.  Toua  laa  autraa  axamplalraa 
originaux  sont  fiim4a  an  commanpant  par  la 
pramiAra  paga  qui  comporta  una  amprainta 
dimpraaaion  ou  dliluatration  at  un  tarminant  par 
la  damlAra  paga  qui  comporta  una  talla 
amprainta. 

Un  daa  symbolos  suivants  apparaftra  sur  la 
damMra  imaga  da  chaqua  microficha.  salon  la 
eaa:  la  symbola  — »>  signifia  "A  SUIVRE".  la 
symbola  T  signifia  "FIN". 

Laa  cartaa,  pianehas.  tablaaux.  ate.  pauvant  *tra 
filmte  «  daa  taux  da  rMuetion  diff«rants. 
Loraqua  la  doeumant  aat  trap  grand  pour  Atra 
raproduit  an  un  saul  elieh4.  il  aat  f}lm«  A  partir 
da  I'angia  aup«riaur  gaucha.  da  gaueha  *  droita. 
at  da  haut  an  baa.  an  pranant  la  nombra 
d'imagaa  n4cassaira.  Laa  diagrammas  suivants 
iiiuatrant  la  mMioda. 


1 

2 

3 

1 

2 

3 

4 

5 

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(ANSI  and  ISO  TtST  CHART  No  2) 


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/APPLIED  IN/HGE    I 

1653  East   Mam  Strt«t 

RochMttr,    U9W   Yofh         U609       USA 

(716)  482  -  0300  -  Phon« 

(716)  2H-S9ft9-F(n 


I 


DIPLOMATIC  CORRESPOXDENCE 


DIPLOMATIC  CORRESPONDENCE 

BETWEEN  THE  UNITED  STATES 

AND  GERMANY 

AUGUST  1,  1914-APRIL  6.  1917 


EDITED  WITH  INTRODUCTION  AND  ANALYTICAL  INDEX 
BV 

JAMES  BROWN  SCOTT 

Author  of  "  A  Survey  oi  IntematioMi  Rehiiooi  between  the 
United  Sutc*  end  Germany  " 


Ezpreuioni  of  regret  and  oflFert  of  reparation  in  case  of  the  deetniction  of 
neutral  iliipa  sunk  by  mistalce  .  .  .  cannot  justify  or  excuse  a  practice  the 
natural  and  necessary  effect  of  which  is  to  subject  neutral  nations  and  neutral 
persons  to  new  and  immeasurable  risks. 

Secretary  of   State  Bryan   in  First  Lutittmia  Note,  May  13,  1015. 
The  Government  of  the  United  States  is  contending  for  something  much 
greater  than  mere  rights  of  property  or  privileges  of  commerce.     It  is  con- 
tending for  nothing  less  high  and  sacred  than  the  rights  of  humanity. 

Secretary  of  Stote  Lansing  in  Second  Lutitatna  Note,  June  9,  1015. 


NEW  YORK 

OXFORD  UNIVERSITY  PRESS 

AMERICAN  BRANCH:  ji  WsiT  jaHo  Stssit 
LONDON.  TORONTO.  MELBOURNE.  AND  BOMBAY 

1918 


COPTBIOBT  ISlt 

BT  TBI 

OXFORD  CNIVIRSITT  PKEU 
Aa*Bici«  BatacB 


I—  *  nau  ao.  mm* 


PUBLISHERS*  PREFACE 

The  publuhen  anrcunce,  separate  and  distinct  from,  but  to  b« 
used  in  connection  with  the  present  volume,  President  Wilson's 
Foreign  Policy— Messages,  Addresses,  Papers,  and  A  Survey  of  Inter- 
national Relations  Between  the  United  States  and  Germany,  from 
Aug  ut  1,  1914,  to  April  6,  1917,  the  date  of  the  dtdaration  of  a 
■tate  of  war  by  the  Congress  of  the  United  States  against  the  Imperial 
German  Government.  These  volumes  are  of  the  same  format  as  The 
Diplomatic  Correspondence  Between  the  United  States  and  Germany, 
during  the  same  period. 

The  differences  of  opinion,  crystallizing  into  opposition,  and 
resulting  eventually  in  war  between  the  United  States  and  Germany, 
are  stated  clearly,  unmistakably,  and  oflScially  in  the  Diplomatic 
Correspondence  between  the  two  Governments  since  the  outbreak  of 
the  European  War  in  1914,  and  up  to  the  declaration  of  war  by  the 
United  States  because  of  the  controversies  between  the  two  countries. 
The  Diplomatic  Correspondence  makes  the  case  of  the  United  States, 
just  as  the  Diplomatic  Correspondence  is  the  defense  of  Germany. 
Upon  this  Correspondence  each  country  rests  its  case,  and  upon  this 
Correspondence  each  is  to  be  judged.  It  is  thought  best  to  present 
it  in  a  volume  by  itself,  disconnected  from  narrative  or  from  corre- 
spondence with  other  belligerent  nations,  which  would  indeed  have 
been  interesting  but  not  material  in  the  present  case. 

President  Wilson's  views  upon  foreign  policy  were  important 
during  the  neutrality  of  the  United  States;  it  is  even  more 
important  to  understand  them  now,  inasmuch  as  they  are  the  views 
of  the  United  States  at  war  and  indicate  in  no  uncertain  way  the 
attitude  which  the  United  States  under  President  Wilson's  guidance 
may  be  expected  to  assume  in  the  negotiations  which  must  one  day 

iii 


IV 


PUBLISHERS'  PREPACB 


bring  .bout  peace  to  .  .on»-.ufferin,  «.d  w.^ridd.n  world     Thi. 
vo,u»e  u  of  internt  .0  Mr.  Wil^n.  country™^,  'J  ^J^^^J^ 

Mr.  Wilwn  hai  championed. 

The  Survey  of  Intrrnational  Relation.  Brtween  the  Unlt«i  Stata. 
and  Germany  aim.  to  ^ve  an  authentic  account  of  th.  elndn.?^ 
the  United  State,  during  the  period  of  it.  neuTdity  aid  ^..1  ^ 
Of  the  Imperial  Government  toward,  the  Unirs^r^'^^dt 
^troductaon  i.  p^,fUed.  .etting  forth  the  vie.,  of  Tonal^h^Ta?^ 

ofTe  stl    I?  °'  '''T'-''  "'^^'  "••  Oerma-tneTpt: 

^rr^i:-;t:.:----rre.p::^^ 

direlt'^tJitlT  '7.^'r"  "  ""°'"""»  ^^"  M-  Scott  ha. 
directed  that  the  royaltie.  due  him  for  the«»  volume,  be  preeen^S 

Mr..  Robert  Lauing  i.  Prcident. 

OxroRo  UNivraaiTT  Piim. 
J^'rch  1,  1918.  American  Branch 


INTRODUCTION 


INTRODUCTION. 

THE   WAR   BETWEEN   THE    UNITED   STATES   AND   THE 
IMPERIAL   GERMAN   GOVERNMENT.' 


On  the  second  day  of  April,  1917,  President  Wilson  appeared 
before  the  Congress  of  the  L  ited  States  and,  after  setting  forth 
the  lawless  actions  of  the  Imperial  German  Government  and  the 
impossibility  of  protecting  the  lives  and  property  of  his  fellow  coun- 
trymen engaged  in  pursuits  which  have  always  "even  in  the  darkest 
periods  of  modern  history,  been  deemed  innocent  and  legitimate" 
advised  the  Congress  of  the  United  States  to  declare  the  existence 
of  a  state  of  war  between  the  Imperial  German  Government  and  the 
United  States.  On  the  sixth  day  of  April,  1917,  the  Congress,  after 
grave  deliberation  and  with  a  full  sense  of  the  responsibility  which  it 
would  thus  assume,  declared  a  state  of  war  to  exist  between  the 
Imperial  German  Government  and  the  United  States. 

What  were  the  reasons  which  caused  the  President  of  the  United 
States  to  advise  the  Congress  to  declare  the  existence  of  a  state  of 
war  between  the  Imperial  German  Government  and  the  United  States ; 
what  were  the  reasons  which  caused  the  Congress  to  act  upon  the 
advice  of  the  President  to  declare  the  existence  of  a  state  of  war 
between  the  two  countries ;  and  what  are  the  consequences  which  the 
President,  the  Congress,  and  the  people  of  the  United  States  consider 
as  likely  to  follow  from  this  state  of  war  and  its  effective  prosecution  t 
We  do  not  need  to  speculate  as  to  the  reasons,  for  the  President  him- 
self has  stated  them,  and  if  he  had  not  they  would  be  sufficiently  in 
evidence,  as  the  actions  of  Germany  since  the  first  day  of  August, 
1914,  in  so  far  as  the  United  States  is  concerned,  speak  louder  than 
words;  and  we  do  not  need  to  indulge  in  prophecy  in  order  to  fore- 
cast the  consequences  of  this  declaration  on  behalf  of  the  United 
Stctes,  for  the  President  himself  has  stated,  in  clear  and  unmistak- 
able terms,  that  the  autocracy  which  made  these  acts  possible  should 
end  with  the  war. 

The  first  part  of  the  President's  address  deals  with  the  specific 

'  Reprinted  from  The  American  Journal  of  International  Late,  July,  1917. 

vii 


TIU 


INTRODUCTION 


I     I 


J; 
ft 

i: 

V 

t 


1  r 


acts  of  the  Imperial  German  Government  as  causes  of  the  war  The 
second  part  deals  with  the  motives  and  purposes  of  the  United  States 
in  entenng  the  war,  for  while  the  acts  of  the  Imperial  German  Govern- 
ment would  justify  resistance  on  behalf  of  the  United  States,  the  Presi- 
dent  wished  It  to  be  clearly  understood,  and  therefore  he  put  it  plainly 

IVtrTZTir^""' '"  '°'"^^ ''''  ''"  ^^•^'^  ^'^^  been  thrust 
upon  the  United  States  was  not  merely  to  secure  redress  for  the  loss 
of  property,  not  even  redress  for  the  destruction  of  human  life,  but  to 
secure  the  repudiation  of  the  Prussian  conception  of  state  and  govern- 
ment, which  could  force  a  people  to  commit  such  acts,  and  to  secure 
InnfT*  '°*!"«*'f  »1  ^'-g^Di^^tion  calculated  to  guarantee  peace 
among  nations  through  the  administration  of  justice 

« tif'tJ^r"  ^''^U°'^!i35^g^-i^-£2E«^'-°«d.  the  cause  of  its  war 

war  betweerrthe -twor-governments  related_la_il«^-^«iduct  4»r~the 
submarini^Trhiehrbecmis^ 

the  only  fgu.  ofmarltlto.  waHai^efll^G^^S^JSSrny 
was  apparenTry--aruHw[lTi5rTflrTa-o--u^^mrltlme  wirf^ii^^lTit 
was  unwilling  to  allow  its  surface  fleet  to  put  to  sea  and  to  give 
batt  e  to  the  British  Navy.  The  United  States  did  not  object  toT 
^'^P'^'Z^^Ht^tbesubma^^ 

t^''''  °*  ^?gg^^t!?g:rggLthe..Unitgd  Stajes  Insist^dlF^ihe 
beginning  that  the^submarine  should  conform  i^^^mslo  th^s" 

^^^'■^    fT^^^^TZ]^^  "^^^^'  '^  «h°"'d  not  be 

r  M  .  ^^^^^^^^  ^  "^''"^"'^  ^'>  «"it  the  sliEmariSirwhich 

and  customs  of  war  controlling  the  acts  of  surface  veLls,  that  it  could 
T.Z!^  "?  *''  '°™*"^'"  ''  ^'^'^  «°^  -"^'^^  because,  to  do  so 

r  L  n  *   ''^"'  "'  "''*'°'^'  **  ''  approached  within  gunshot 

clail  f  ^r'^r  ^^«««1«-  -The^Imperial  German  Government 
n^r  ^!°''.f,'  submarine  the  right  to  operate  under  the  surfaeelo 
P™tect_i^selfjrm.attack,^^  protected,  to  attack  aJty  veUl 
approaching  ,t  because,  under  the^surface.  it  could  not  dlifinguisTi 
the  vesseLoilli^enemy  from  the  vessel  of  a  neutral  Power,  it  claimed 


INTRODUCTIOa' 


i 


■■.:& 


7--'; 


jhe  right  tg  attack  the  vessel  within  range  without  warning  because, 
if  It  gave  warning,  it  exposeJlWelf  todangcrriBa-finally,  it  claimed 
the  VightTo  Jorpedo  and  thus^destroy  the  vessel  without  first  pulfrng 
its  passengers  and  crew  in  a  ^lacejofiSety  because  the  subm^ 

was  tod~BnMtttTreTaie  them  on  board.  ~ 

If  inatters  had  rest^oThere  the  question  at  issue  between  the  two 
governments  would  have  been  acadeuiic.  But  matters  did  not  rest 
here  because  the  Imperial  German  Government  put  its  conception  of 
submarine  warfare  into  practice,  with  the  result,  as  the  President 
informed  the  Congress  in  his  address  of  the  2d  of  April,  1917, 
that  "Vessels  of  every  kind,  whatever  their  flag,  their  character,  their 
cargo,  their  destination,  their  errand,  have  been  ruthlessly  sent  to  the 
bottom  without  warning  and  without  thought  of  help  or  mercy  for 
those  on  board,  the  vessels  of  friendly  neutrals  along  with  those  of 
belligerents.  Even  hospital  ships  and  shipa  carrying  relief  to  the 
sorely  bereaved  and  stricken  people  of  Belgium,  though  the  latter 
were  provided  with  safe  conduct  through  the  proscribed  areas  by  the 
German  Government  itself  and  were  distinguished  by  unmistakable 
marks  of  identity,  have  been  sunk  with  the  same  reckless  lack  of  com- 
passion or  of  principle." 

In  the  report  of  the  Committee  of  Foreign  Affairs  of  the  House  of 
Representatives  accompanying  the  text  of  the  declaration  of  a  state  of 
war  with  the  Imperial  German  Government,  numerous  instances  are 
given  justifying  the  President's  indictment,  and  while  these  instances 
are  but  few  of  the  many,  they  are  given  as  a  sample  of  the  indiscrimi- 
nate submarine  warfare  of  the  Imperial  German  Government. 

After  a  brief  reference  to  the  diplomatic  correspondence  between 
the  two  governments,  in  which  Germany  stated  that  instructions  had 
been  given  "to  abstain  from  all  violence  against  neutral  vessels  recog- 
nizable as  such-  and  that  "it  is  very  far  indeed  from  the  intention  of 
the  German  Government  .  .  .  ever  to  destroy  neutral  lives  and  neu- 
tral property,"  the  official  report  to  which  reference  has  been  made 
continues : 

Nevertheless  the  German  Government  proceeded  to  carry  out  its  plans  of  sub- 

r",mr"'v''  """^  '"''""'"^  ""*  ^"''"^  passenger  steamer  FaMa  on  March 
27,  1015,  when  one  American  life  was  lost,  attacked  the  American  steamer 
Cuthxng  April  28  by  airship,  and  made  submarine  attacks  upon  the  American 
Unk  steamer  Oulflight  May  1,  the  British  passenger  liner  Lusitania  May  7 
when  114  American  lives  were  lost,  and  the  American  steamer  Xebra.kan  on 
May  25,  in  all  of  which  over  125  citizens  of  the  United  States  lost  their 
lives,  not  to  mention  hundreds  of  noncombatants  who  were  lost  and  hundreds 
Of  Americans  and  noncombatants  whose  lives  were  put  in  jeopardy 


,' 


X  INTBODUCTION 

The  British  mule  boat  Armenia*  was  torpedoed  on  June  28,  aa  a  reault  of 
vhich  20  Americana  are  reported  mining. 

After  a  further  reference  to  the  diplomatic  correspondence  the 
official  report  thus  proceeds: 

Subsequently,  the  following  veeseU  carrying  American  citizens  were  attacked 
by  submarines. 

British  liner  Orduna  July  9. 

Russian  steamer  Leo  July  0. 

American  steamer  Leelanatc  July  25. 

British  passenger  liner  Arabic  August  19. 

British  mule  ship  Nicotian  August  10. 

British  steamer  Hesperian  September  4. 

In  these  attacks  23  Americans  lost  their  lives,  not  to  mention  the  large 
number  whose  lives  were  placed  in  jeopardy. 

After  another  reference  to  diplomatic  correspondence,  citing  Ger- 
man promises,  the  official  report  continues  : 

Following  this  accumulative  serips  of  assurances,  however,  there  seems  to  have 
been  no  abatement  in  the  rigor  of  submarine  warfare,  for  attacks  were  made  in 
the  Mediterranean  upon  the  American  steamer  Communipav)  on  December  3,  the 
American  steamer  Petrolite  December  5,  the  Japanese  liner  Taaaka  ilaru  Decem- 
ber 21,  i-nd  the  passenger  liner  Persia  December  30.  In  the  sinking  of  the 
Persia  out  of  a  total  of  some  500  passengers  and  crew  only  165  were  saved. 
Among  those  lost  was  an  American  consul  traveling  to  his  post. 

After  again  referring  to  correspondence  between  the  two  countries, 
continuing  the  assurance  of  the  German  Government,  in  the  language 
of  the  report,  "that  neutral  and  enemy  merchant  vessels,  passenger 
as  well  as  freight  ships,  should  not  be  destroyed  except  upon  the  pas- 
sengers and  crew  being  accorded  safety,"  the  official  report  thus 
chronicles  the  loss  of  life  and  property  during  the  year  1916 : 

On  March  1,  1916,  the  unarmed  French  passenger  steamer  Patria,  carrying  a 
number  of  American  citizens  was  attacked  without  warning.  On  March  9  the 
Norwegian  bark  Silius,  riding  at  anchor  in  Havre  Rhodes,  was  torpedoed  by  an 
unseen  submarine  and  one  of  the  seven  Americans  on  board  was  injured.  On 
Marcli  16  the  Dutch  passenger  steamer  Tubantia  was  sunk  in  the  North  Sea  by  a 
.  -\o.  On  March  16  the  British  steamer  Berteindvale  was  torpedoed  without 
ng  olT  Bantry  Island  with  four  Americans  on  board.  On  March  24  the 
Uiitiah  unarmed  steamer  Englishman  was,  after  a  rhase,  torpedoed  and  sunk 
by  the  submarine  V.  10,  as  a  reault  of  which  one  American  on  board  perished. 
On  March  24  the  unarmed  French  croas-channel  steamer  Sussex  was  torpedoed 
without  warning,  several  of  the  24  American  passengers  being  injured.  On 
March  27  the  unarmed  British  liner  Manchester  Engineer  was  sunk  by  an  explo- 
sion without  prior  warning,  with  .\merican3  on  board,  and  on  March  28  the 
British  steamer  Eagle  Point,  carrying  a  Uotchkiss  gun,  which  she  did  not  use. 


INTRODUCTION  xi 

WM  ekuad,  oTerUken,  sod  tunic  by  a  torpedo  after  the  pfrwni  on  board  had 
takoi  to  the  boats. 

And  after  a  final  reference  to  the  correspondence  between  the  two 
govemments,  resulting  in  the  assurance  of  May  4,  1916,  that  new 
orders  had  been  issued  to  the  German  naval  forces  "in  accordance 
with  the  general  principles  of  visit  and  search  and  the  destruction 
of  merchant  vessels  recognized  by  international  law,"  and  quoting 
the  withdrawal  of  this  assurance  contained  in  the  German  note  of 
January  31,  1917,  the  report  continues  and  concludes  as  follows  this 
phase  of  the  question: 

On  February  3  [1017]  one  American  ship  was  sunk,  and  since  that  date  six 
American  ships  flying  the  American  flag  have  been  torpedoed,  with  a  loss  of  about 
13  American  citizens.  In  addition,  50  or  more  foreign  vessels  of  both  belligerent 
and  neutral  nationality  with  Americans  on  board  have  been  torpedoed,  in  most 
eases  without  warning,  with  a  consequent  loss  of  several  American  citizens. 

The  President's  statement  thus  appears  to  be  borne  out  by  the 
facts,  for  enemy  merchant  vessels  carrying  passengers  or  freight,  and 
neutral  vessels,  of  whatever  nationality,  have  indiscriminately  been 
sunk  by  the  German  submarine  lying  in  wait  for  its  prey. 

But  there  is  a  further  charge  made  by  the  President  of  even  a 
more  serious  character,  for  in  the  address  of  the  2d  of  April  he 
states  that  "hospital  ships  and  ships  carrying  relief  to  the  sorely 
bereaved  and  stricken  people  of  Belgium"  had  been  destroyed  by  Ger- 
man submarines,  although  these  vessels  were  supposed  to  be  protected 
by  the  promise  of  the  Imperial  German  Government,  evidenced  by 
safe-conducts.    On  this  point  the  official  report  previously  quoted  says : 

When  the  Commission  for  Relief  in  Belgium  began  its  work  in  October,  1914, 
it  received  from  the  German  authorities,  through  the  various  Goveramenta  con- 
cerned, definite  written  assurances  that  ships  engaged  in  carrying  cargoes  for  the 
relief  of  the  civil  population  of  Belgium  and  northern  France  should  be  immune 
from  attack.  In  order  that  there  may  be  no  room  for  attacks  upon  these  ships 
through  misunderstanding  each  ship  is  given  a  safe-conduct  by  the  Geraui 
diplomatic  representative  in  the  country  from  which  it  sails,  and,  in  addition, 
bears  conspicuously  upon  its  sides  markings  which  have  been  agr^ied  upon  with 
the  German  authorities;  furthermore,  similar  markings  are  pai  '  upon  the 
decks  of  the  ships  in  order  that  they  may  be  readily  recognizable  eroplaaes. 

Upon  the  rupture  of  relations  with  Germany  the  commission  ,  definitely 
assured  by  the  German  Government  that  its  ships  would  be  immune  from  attack 
by  following  certain  prescribed  courses  and  conforming  to  the  arrangements 
previously  made. 

Despite  these  solemn  assurances  there  have  been  several  unwarranted  attacks 
upon  ships  under  charter  to  the  commission. 


xn 


INTRODUCTION 


I  • 


.wud  «,ta.  ..„i„  ,«  ta.X,!^  •"  "^'*"' 

.h.p.  au.Uiued  .undry  d.m.geg  to  deck,  and  engine.  '  ^ 

th.  H^ffl  ^T  r""^""  *?'  **""  President's  address  he  call,  attention  to 

lent  fjn    "^  "  "r ^""'"^  P'"'"  "'*''  *••«  I-P«"«l  G«™«°  Go^ern- 
nient  and  enumerates  a  series  of  transactions  within  American  jurk- 

hthTer^Tr  ''  '°  *''  ""'"''*  "'  *^«  «"^-"-«  -"fare  ^oi   L" 
high  seas     They  are  apparently  not  enumerated  by  the  President  al 

Z  sa;r   "  '''  """  °'  ""  '"*  ''^  "  °'««-  °^  aUvation     ihu" 

on  at  the  instigation,  with  the  .nonort  3  ^       ^  ^  •"'*  ***"  "=•"■"«<* 

official  agent,  of  the  Imner  al  GoZ^^,  .  ""*",!"''"  *»»«  per«,„al  direction  of 
United  State..  Even  in  KinrthrTv  ^"""^'^  *°  *"*  Government  of  the 
have  «,ught  to  put  the  mo.t  tZr  .  '"^  ""*  *'"y'"»  *°  «"'?"'«  *»>«»,  we 

«elcnew1hatthe.r.ourcTlfv  w"°  "  '"t^.f"""  P^'-'ble  upon  them  beca„«, 
people  toward  us    who  we  e^;^.!!"?  "  '"""«  "  P"'P°'*  "^  *"*  ««™- 

but  only  in  the  se  fish  dTs  »  „f  .  r  '  '^°"'"*  "'  *''*'°  "  ^^  »»"»''"  «"">. 
it.  neo/le  nothing  But  t"f^  hive  nr^n"::"-  *'**  '"*  *'"'*  ''  ^'"'"^  "»<»  *»'<* 
la.t  that  that  Go^-ernnent  enttrtain'l  "^  ,"/•'"''*  '"  ^'"'"^  *°  ~"^'"™  «  «» 
against  our  peae  Tndslrit  "  't  ,  '"  "'"'""''''  '""^  ""  «""  "■«»"»  '»  «''* 
ene»ie.  against  us  atTur^rd^l^'^Trnr-  ^f  "  "'"''"'  *°  ""'  "^ 
Mini.ter  at  Mexico  City  is  ebJLnt  evidence  '*"•   "°'*   '°   '""^   «"'"''" 


INTRODUCTION 


xiu 


tion  of  the  acts  of  Germsn  officials  and  of  German  sympathizert  in  the 
domestic  aflPaire  of  the  United  States.  The  few  instances  actually 
stated,  which  are  to  be  taken  as  a  sample  of  the  many  which  are  not 
chronicled,  are  twenty-one  in  number  and  are  thus  stated  in  the 
report  in  brief  and  summary  form : 

1.  By  direct  instructioni  received  from  the  foreign  office  in  Berlin  the 
Oennan  Embawy  in  this  country  furni.licd  funds  and  issued  orders  to  the  Indian 
independence  committee  of  the  Indian  Nationalist  Party  in  the  United  States. 
These  instructions  were  usually  conveyed  to  the  committee  by  the  military  infor- 
mation bureau  in  New  York  (von  Igel)  or  by  the  German  consulates  in  New 
York  and  San  Francisco. 

Dr.  Chakrabarty,  recently  arrested  in  New  Y'ork  City,  received,  all  in  ail, 
according  to  his  own  admission,  some  $60,000  from  von  Igel.  He  claims  that  the 
greater  portion  of  this  money  was  used  for  defraying  the  expenses  of  the  Indian 
revolutionary  propaganda  in  this  country,  and,  as  he  says,  for  educational  pur- 
poses.  While  this  is  in  itself  true,  it  is  not  all  that  was  done  by  the  revolution- 
ists. They  have  sent  representatives  to  the  Far  East  to  stir  up  trouble  in  India 
and  they  have  attempted  to  ship  arms  and  ammunition  to  India.  These  expedi- 
tions have  failed.  The  German  Embassy  also  employed  Ernest  T.  Euphrat,  to 
carry  instructions  and  information  between  Berlin  and  Washington  under  an 
American  passport. 

2.  Officers  of  interned  German  warships  have  violated  their  word  of  honor 
and  escaped.  In  one  instance  the  German  consul  at  Richmond  furnished  the 
money  to  purchase  a  boat  to  enable  six  warrant  officers  of  the  steamer  Eronprim 
Wtlhelm  to  escape  after  breaking  their  parole. 

3.  Under  the  supervision  of  Capt.  von  Papen  and  Wolf  von  Igel,  Hans  Ton 
Wedell  and,  subsequently,  Carl  Ruroede  maintained  a  regular  office  for  the  pro- 
curement  of  fraudulent  passports  for  German  reservists.  These  operations  were 
directed  and  financed  in  part  by  Capt.  von  Papen  and  Wolf  von  Igel.  Indict- 
ments  were  returned,  Carl  Ruroede  sentenced  to  the  penitentiary,  and  a  number  of 
German  officers  fined.  Von  Wedell  escaped  and  has  apparently  been  drowned  at 
■ea.  Von  VUdell's  operations  were  also  known  to  high  officials  in  Germany. 
When  Von  Wedell  became  suspicious  that  forgeries  committed  by  him  on  a  pass- 
port application  had  become  known,  he  conferred  with  Capt.  von  Papen  and 
obtained  money  from  him  wherewith  to  make  his  escape. 

4.  James  J.  F.  Archibald,  under  cover  of  an  American  passport  and  in  the 
pay  of  the  German  Government  through  Ambassador  Bernstorff,  carried  dis- 
patches for  Ambassador  Dumba  and  otherwise  engaged  in  unneutral  activities 

5.  Albert  Sanders,  Charles  Wunnonbcrg,  and  others,  German  agents  in  this 
country  were  engaged,  among  other  activities,  in  sending  spies  to  England 
equipped  with  American  passports,  for  the  purpose  of  securing  military  informa- 
tion Several  such  men  have  been  sent.  Sanders  and  Wunnonberg  have  plead 
guilty  to  I.  Jictments  brought  against  them  in  Xew  York  City  as  has  George 
Voux  Bacon,  one  of  the  men  sent  abroad  by  them. 

6.  American  passports  have  been  counterfeited  and  counterfeits  found  on 
German  agents.  Baron  von  Cupenberg.  a  German  agent,  when  arrested  abroad, 
bore  a  counterfeit  of  an  American  passport  issued  to  Gustav  C.  Roeder;  Irving 


f  i 


sir 


INTRODUCTION 


afafconey.  wh.ch  wa.  engaged  in  a  similar  cnterpri«,,  w..  detained  ThlZZt 
for  the.,  venture,  wa.  furnished  by  Capt.  Boy  Ed  I^dietm^nt.  h.  L  ^ 
turned  in  connection  with  these  m.tL.  ^again.^  ^J^'n^To^J^^IT  '" 

who  was  the  principal  in  t«i,  «,he«e.  was  „  ornn.n  sofd^      He  tes!,fled  that  Ye' 

SchaeUarnGXrvUhell'B"    l"""''^'    ^''^    ^--'    «—    -n 
Charles  C  (>owW  «Ih  m      «  '"'"'*"   '""  employee  of  the  consulate), 

into  Canada  to  l^™r:Cd--l"a^^^^^  "'  T""'"^^  *°  ■"""  '^*"*' 

.om Pa.„o  t , J, ..r::-;rs tr-raivc:^-'^ -"- 

15.    Paul  Koen.g.  head  of  the  secret-serWce  work  of  the  Ilamburg-American 


INTRODUCTION 


XT 


Line,  by  direction  of  hi*  luperior  ofBceri.  largely  augmented  hit  organixation  and 
under  the  direction  of  von  Papen,  Boy-Kd,  and  Albert  carried  on  tecret  work  for 
the  German  Government.  He  lecured  and  lent  apiee  to  Canada  to  gather  Informa- 
tion concerning  the  Welland  Canal,  the  movements  of  Canadian  troop*  to  Eng- 
land, bribed  an  employee  of  a  bank  for  InformatioD  concerning  ahipmenti  to  the 
Alllet,  aent  *pi«*  to  Europe  on  American  paeaport*  to  lecure  military  information, 
and  waa  involved  with  Capt.  von  Papen  in  plan*  to  place  bomb*  on  *hipa  of  the 
Allie*  leaving  New  York  Harbor,  etc.  Von  Papen,  Boy-Ed,  and  Albert  had  fre- 
quent conference*  with  Koenig  in  his  office,  at  theirs,  and  at  outgido  place*. 
Koenig  and  certain  of  hi*  aBsociates  are  under  indictment. 

16.  Capt.  von  Papen,  Capt.  Hans  Tauscher,  Wolf  von  Igel,  and  a  number  of 
German  reaerviat*  organized  an  expedition  to  go  into  Canada,  destroy  the  Welland 
Canal,  and  endeavor  to  terrorize  Canadian*  in  order  to  cfelay  the  aending  of  troop* 
from  Canada  to  Europe.  Indictment*  have  been  returned  againit  these  peraon*. 
Wolf  von  Igel  furnished  Fritzen,  one  of  the  conspirator*  in  this  case,  money  on 
which  to  flee  from  New  York  City.    Fritzen  is  now  in  jail  in  New  York  City, 

17.  With  money  furnished  by  official  German  representatives  in  this  country, 
a  cargo  of  arms  and  ammunition  waa  purchased  and  shipped  on  board  the  schooner 
Annie  Larten.  Through  the  activities  of  Gorman  official  representatives  in  this 
country  and  other  Germans  a  number  of  Indians  were  procured  to  form  an  expedi- 
tion to  go  on  the  steamship  Maverick,  meet  the  Annie  Larten,  take  over  her 
cargo,  and  endeavor  to  bring  about  a  revolution  in  India.  This  plan  involved 
the  sendmg  of  a  German  officer  to  drill  Indian  recruits  and  the  entire  plan  wa* 
managed  and  directed  by  Capt.  von  Papen,  Capt.  Hans  Tauscher,  and  other  official 
German  representatives  in  this  country. 

18.  Gustav  Stahl,  a  German  reservist,  made  an  affidavit  which  he  admitted 
was  false,  regarding  the  armament  of  the  Imitania,  which  affidavit  was  for- 
warded to  the  State  Department  by  Ambassador  Bemstorff.  He  pled  guilty  to 
an  indictment  charging  perjury,  and  was  sentenced  to  the  penitentiary.  Koenig, 
herein  mentioned,  was  active  in  securing  this  affidavit. 

19.  The  German  Embassy  organized,  directed,  and  financed  the  Han*  Libeau 
fcmpfoyment  Agency,  through  which  extended  efforts  were  made  to  induce  em- 
ployees of  manufacturers  engaged  in  supplying  various  kinds  of  material  to  the 
Allies  to  give  up  their  positions  in  an  effort  to  interfere  with  the  output  of  such 
manufacturers.  Von  Papen  indorsed  this  organization  as  a  militarv  measure, 
'"    on  'T      ''*''  *'""'"'^''  "*  propaganda  to  cripple  munition  factories. 

20.  The  German  Government  has  assisted  financially  a  number  of  newspapers 
in  this  country  in  return  for  pro-German  propaganda. 

21.  Many  facts  have  been  secured  indicating  that  Germans  have  aided  and 
encouraged  financially  and  otherwise  the  activities  of  one  or  the  other  factions  in 
Mexico,  the  purpose  being  to  keep  the  United  State*  occupied  along  its  border* 
and  to  prevent  the  exportation  of  munitions  of  war  to  the  Allies:  see    in  this 

^hir'r"'  v'  ^'t'u'"^  "*  """"*^"-  «"'"f''rth.  Kopf,  the  German  consul  at 
Ch  huahua,  Krum-Hellen,  Felix  Somerfeld  (Villa's  repreaentative  at  New  York), 
Carl  Heynen,  Gustav  Steinberg,  and  many  other*. 


It  Will  be  Observed  that  these  Interferences  with  the  domestic  econ- 
omy of  the  United  States  were  at  a  time  when  this  country  was 


:'i 


II 


1 1    'Si 


«Ti 


INTRODUCTION 


when  the  Imperial  OermaTZh^LlJ       ^  ""^  coiuiderttion,  and 

clly  violated  by  the  Im^Zl^Zrl'  'V»'!  •*" ''•^  been  vrtemati- 
official  matt,  .nd  p.rti«rof  0^™'°  ^°!'!'"«"J'»-.  »en.ber.  of  the 
believe  that  theae  th^^TreLZT/Z  ''"''''''  ''  ''  "^"^  *<> 
u.  to  «uspect  them,  if  ?tat7d"/cldtf  auTho^r"  'Tl  """''  '"'' 
upon  which  we  have  them  i«7h«roJ  hro  ^'  '"''  *''"  ■"*''°"ty 
States,  in  many  ii«tance«The  indl^I*  ♦  """"""^  "'  *»"  United 
in  which  the  tL  JtTn,  had  l^:;  1?  IT^  **'  *•>«  United  State, 
petrators  convicted  of  their  noZ'*'''  ^^  ^''^^^  "^^  *»>e  per- 

judicial  proceeding  LLareTTth",'  ""?""^  *"  P*"^"  - 
The  text  of  the  ZiLeriann  le«e„  »»  **'V*''7'  **"  ^"''^^  ^tate.. 
Committee  on  Foreign  Tr.!?;LXwt°'^  ^  ^^«  -P-^  of  the 

0»  the  fint  of  February  we  intend  ♦„  k-  .        ?"""""  "''"•"«'»  10.  1917. 
In  .pite  of  thi.  it  i,  our  dnilniTLL^'lT'^"''''  *"'"'  ""••tHct^l. 
of  America.  ^  endeavor  to  Iceep  neutral  th.  United  SUtea 

We  .hall  give  general  financial  "upZt  Tnd  ^T  *  *°'^'"'  "'"'«  P^ 
r-conquer  the  lost,  territory  in  N.Tmc'cJ  tII  "  '."r'  *"'*  ^•«'«'  »  »<» 
ar.  left  to  you  for  .ettlement  '  '^*'"'  '""  *"«"«•     The  d.Uil. 

.eat!:t\r«irr«Lvr;TirceS;;rh;r:'  Tt°  -'  *-  •'»- '» -• 

with  the  United  State,,  and  .uL.t  tha^  t  J''"'^  !\'"  ^  «»  o«tbr«ik  of  war 
initiative  should  communicate  w!fhi«™.'  ^'""*'"*  "'  Mexico  on  hi.  own 

P'-n;  at  the  «.me  time  oS  toledfarLtZTr"*^  ""•""""  "  -«  »°  *^^ 

Please  call  to  the  attention  oT  the  Pr«  d.nt  o^T""^  ^l^  ""P"- 
of  ruthlesa  .ubmarine  warfare  now  nrom.l.  7  f' "*  *"'*  *'"*  ••»P>oy»«t 

in  a  few  montha.  '^""°"**  *°  ~"'P«'  England  to  ma  Ice  peace 

(Signed)  ZniMEUfANif. 

It  was  therefore  under  the  eves  of  r««». 
of  the  President  and  in  the  helrt  of  tS  f     '• "'  '*  """'  '°  '^'  '"'"'^ 
it  there  were  causes  of  n^r  with  it  t.,  "'T  P'°P''-    Without 

could  be  avoided.  It  is  douJul  Jh  T'T""  f  ^^*  '^'''''  *•>"*  ^«' 
if  there  had  not  ben  other  'ndln^.7  '''"''  """''  ^^'^""'^  ^" 
arms.  It  is  doubtful  ificannl^^"^-  ''"'""^  ''""  ^^^^  "^^  to 
of  the  war.  certaSy  ft  warnrr'd  "^t  r'"'''  """""^  ^''^  ^''"«» 
culmination  of  a  series  of ZfrlLt  '^'^  •"'*  Z""'' '  '*  ^'^  "'t''"  ^^e 

p«.ose  With  Which  ^:^'::^c::^:^^t^t^ 


INTRODUCTION  xvii 

Bttter  of  atgraTttioD,  throwing  fuel  on  the  flamet,  thtn  erettiiiff  of 
itaeir  a  eonilacntion. 

The  President  properly  itated  in  hu  addreu  of  April  2d  to  the 
Congnm  that  he  waa  atramiog  a  grave  reaponsibility  in  recommending 
•  declaration  of  the  existence  of  a  state  of  war  against  the  Imperial 
German  Government,  for  the  day  has  long  since  passed,  at  least  in 
deinocratic  countries,  where  the  head  of  a  state,  whether  he  be  mon- 
arch  or  president,  can  go  to  war  as  the  king  went  a-hunting.    War 
may  be  an  imperial,  it  is  no  longer  a  royal,  sport,  and  it  never  has 
been  and  it  never  will  be,  it  is  to  be  hoped,  a  presidential  one.    War 
18  ordmanly  declared  in  a  moment  of  excitement  and  reason  is  likely 
to  be  swayed  by  enthusiasm;  but  we  cannot  to^ay  in  dcmocraciw 
justify  a  declaration  of  war  unless  the  cause  be  just,  and.  however  we 
may  deceive  ourselves,  we  cannot  deceive  posterity,  which  passes  alike 
upon  the  acts  of  autocrat,  constitutional  monarch,  president,  and 
people.    We  must  decide  according  to  our  knowledge  of  present  con- 
ditioDs  and  according  to  these  conditions  our  actions  are  to  be  judged 
in  the  first  instance,  but  the  future  must  finally  decide  the  question. 
The  President  has  stated  the  case  of  tho  United  States  against  the 
Impenal  Government  clearly  and  in    'tail.     He  enumerated  the 

armed  action.  He  has  searched  his  ow.  .eart  and  the  conscience  of 
the  American  people,  that  the  motives  and  objects  of  the  war  may  not 
only  justify  but  require  in  the  given  circumstances  and  conditions 
Uie  declaration  of  a  state  of  war.  It  is  indeed  a  grave  responsibility 
which  the  President  assumed  in  recommending  the  war  hich  the 
Congress  assumed  in  declaring  its  existence,  and  which  the  people 
of  the  United  States  assumed  in  carrying  it  on. 

We  believe  that  the  reasons  given  are  causes,  not  pretexts,  that 
the  motives  and  purposes  are  sincere  and  suflScient;  but  on  all  these 

^it^ZT'TJ"^.  ^^'  ^°"'  word-for  whether  we  will  or  no. 
Die  Weltgeschichtt  ist  das  Weltgericht." 

James  Brown  Scott. 


11  if 


TABLE  OF  CONTENTS 


H 


I 


f    I 


TABLE  OF  CONTENTS 


Fbok  awd  to  Whom. 

The     Secretary     of 
Stato  to  Ambaaaa- 
dor  Gerard 
( telegram ) 


f? 

1 

Ambaiaador  Gerard 
to  the  Secretary  of 
State 

(telegram) 

1 

* 

The     Secretary     of 
State  to  Ambaata- 
dor  Gerard 
(telegram) 

Pakt  I. 
DECLARATION  OF  LONDON. 


Date. 

1914. 

Aug.  6 


Aug.  22 


Oct.  24 


Subject. 

Inatructed  to  auggeat  to  the  German 
Government  the  adviaability  of  the 
observance  of  the  Declaration  of 
London  and  ascertain  if  that  govern- 
ment is  willing  to  do  so 

Reports  German  Government  will 
conform  to  the  provisions  of  the 
Declaration  of  London  if  other  bel- 
ligerents will  agree  to  do  so 

Inatructed  to  inform  German  Gov- 
ernment that  suggestion  relative  to 
the  Declaration  of  London  is  with- 
drawn as  some  of  the  belligerents 
are  unwilling  to  accept  the  Declara- 
tion without  modifications,  and  that 
the  rights  and  duties  of  the  Govern- 
ment and  citizens  of  the  United 
SUtes  will  be  governed  by  the  cvist- 
ing  rules  of  international  law 


Paob. 


Fbok  and  to  Whou. 

Ambassador  Gerard 
to  the  Secretary  of 
State 

( telegram ) 


The  German  Ambas- 
sador to  the  Secre- 
tary of  State 

Ambassador  Gerard 
to  the  Secretary  of 
SUte 

( telegram ) 


Part  II. 
CONTRABAND  OF  WAR. 
?«w  Subject. 

i'J14. 
Sept  4  Transmits  list  of  articles  which  Ger- 
man Government  intends  to  treat  as 
contraband  of  war  in  pursuance  of 
German  Prize  Ordinance  printed  in 
Ketchigeaetzblatt,  No.  4,  1914 

Oct.  22  States  that  German  Government  has 
declared  copper  and  lead  to  be  con- 
ditional (..ntraband   

Nov.  19  States  German  Government  has  de- 
clared all  rough  or  unworked  lum- 
ber conditional  contraband,  with  cer- 
tain exceptions  

xix 


2-3 


.•)-4 


I' 


zx 

From  and  to  Whom. 

Ambauador  Gerard 
to  the  Secretary  of 
iStatr 

( telegram ) 

Ambasgador  Gerard 
to  the  Secretary  of 
State 


Ambassador  Gerard 
to  the  Secretary  of 
State 


Amlnssador  Gerard 
to  the  Secrctarv  of 
State 


Ambagaador  Gerard 
to  the  Secretary  of 
State 


Ambassador  Gerard 
to  the  Secretary  of 
State 


TABLE  OP  CONTENTS 


Datb. 

1014. 

Nov.  23 


Nov.  23 


Dec.  3 


Dec.  8 


Dec.  15 


191. I. 
Apr.  26 


Subject. 

Transmit!  additional  list  of  articles 
which  German  Government  has  de- 
clared conditional  contraband 


Transmits  translations  of  two  notea 
from  (ierman  Foreign  Office  giving 
additional  lists  of  articles  declared 
conditional  contraband  of  war 

Transmits  note  from  German  For- 
eign Ofliie  stating  that  quebracho 
wood  will  be  treated  as  conditional 
contraband    

Transmits  translation  of  proclama- 
tion of  German  Government  dwlar- 
ing  wood,  cylinder  tar,  sulphur  and 
sulphuric  acid  conditional  contra- 
band   

Transmits  translation  of  notes  giving 
additional  list  of  uriicles  declared 
conditional  contraband   


Transmits  Reichageaetzblatt,  No.  49, 
llil.'j,  with  translation,  containing 
modifications  of  and  amendments  to 
the  German  Prize  Ordinance  of 
September  30,  1 901) 


Paoe. 


4-6 


6-0 


fl-7 


7-8 


8-11 


Fbom  and  to  Whom. 

Ambassador  Gerard 
to  the  Secretary  of 
State 


The  German  Ambas- 
sador to  the  Secre- 
tary of  State 


AmlMssador  Page  to 
the  Secretary  of 
State 


Date. 

1914. 

Aug.  7 


Part  III. 

MINE  AREAS. 

Subject. 

Reports  that  he  is  informed  by  Ger- 
man Foreign  Office  that  German 
ports  are  strewn  with  mines  and 
skippers  are  advised  against  navi- 
gating in  ports  which  foreign  forces 
might  use  as  bases \\ 

Sept.  10  States  that  no  German  port  is  block- 
aded, that  the  Xnrth  Sea  has  ikic 
Ijeen  infested  with  mines  by  Ger- 
many, and  gives  sailing  directions 
for  neutrai  ships  bound  fur  German 
P«rt»    11-12 

Sept  28  Transmits  protest  by  the  British  Gov- 
ernment against  methods  pursued  by 
German  Government  in  mining  the 
North   Sea    12-14 


ll 


TABLE  OF  CONTENTS 


XXi 


Fiov  A.fDTO  Whom. 

Ambauador  Gerard 
to  the  Secretarv  of 
SUte 


Date. 

I'jl4. 

Nov.  13 


ScBJECT.  Page. 

Tranimits  the  Beply  of  the  German 
Government  to  the  protest  of  ihf 
British  Government  against  the  lay- 
ing of  German  mines 14-17 


Ami/assador  Gerard 
to  the  Secretary  o( 

.SUte 


Nov.  IT  Trannnits  communication  from  Ge'- 
man  Foreign  OfRee  relative  to  the 
rtegulations  for  navigation  in  the 
German  Bay  of  the  North  Sea,  with 
copies  of  the  \achrichlen  fur  Hee- 
fahrer    


17-19 


The  Secretary  of 
State  to  Ambassa- 
dor Otrard 


Ambassador  Gtrard 
to  the  Secretary  of 
State 


Dec.  8 


1»15. 
Feb.  ii 


States  that  a  copy  of  the  German 
reply  to  thf  Erili-^h  protest  against 
(terman  mines  in  the  North  Sea  had 
l*en  forwarded  to  the  American  Am- 
liassador  at  L<indon  for  transmission 
to  the  British  Foreign  Office 


Kenorts  the  Steamer  Evelyn  sunk . 


20 
20 


Ambassador  Gerard       Feb.  22 
to  the  Secretary  of 
State 

Ambassador  Gerard       Feb.  25 
to  the  Secretary  of 
SUte 


Rtports  further  particulars  as  to  the 
Kink     ••  of  the  Steamer  Kcelyn 20 


Rt ports  St         r  Can  i  sunk 21 


Ambassador  Gerard 
to  the  Secretary  of 
State 


Feb. 


Reports    further    particulars    as    to 
t:inking  of  the  Steamer  Evtlyn 


21 


f 


The  German   Ambas-       Mch.  1 
sador  to  the  Secre- 
tarv  of  State 


Aml«»sador  Gerard       Mch.  2 
to  the  .Secretary  of 
State 


.''tates  that  the  Steamers  Evelyn  and 
I'arxb  were  lost  in  the  North  Sea 
because  they  followed  instructions  of 
a  lioardini;  officer  of  the  British 
navy,  instead  of  directions  given  in 
the  AacAr:c/i(cn  fur  Heefahrer 21 

Reports  that  the  Captains  of  the 
Sieamers  Evfiyn  and  Carilt  stata 
That  the  steamers  state  that  no  sail- 
ing directions  >.ere  given  them  by 
boarding  officer  of  British  navy,  and 
that  the  vessels  ran  on  a  mine  ti,jld.  22 


The  German  Amba.i- 
sador  to  the  Secre- 
tarv  of  State 


Mch.  26  Replies  to  the  note  from  the  Secre- 
tary of  State  relative  to  the  sinking 
of  the  Steamers  Evelyr  and  Cari6.. 


22-23 


Ambassador  Gerard 
to  the  Secretary  of 
State 


Apr.  12  Transmits  translation  of  note  re- 
ceived from  the  German  Foreign  Gf- 
(ice  relative  to  the  sinking  of  the 
Steamers  Evelyn  and  C'arib 


23 


"■-3- 


XXll 


TABLE  OF  CONTENTS 


M   V 


F«o>t  A!tD  TO  Whom. 

The  German  Ambas- 
Mdor  to  the  Secre- 
tary of  State 


Ambaaaador  Gerard 
to  the  Secretary  of 
State 


The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


The  Oerman  Min- 
ister for  Foreign 
Affairs  to  Ambas- 
sador Gerard 

Thu  Secretary  of 
State  to  Ambasaa- 
dor  Gerard 


Pa«t  IV. 
SUBMARINE  WARFARE. 


Date. 

19ir>. 

Feb.  a 


SDBJeCT. 

British   troops  to   France   by  everv 

^rTl-  ^^"■"?  P"^-*'"'  'hips  ap. 
proaching  north  and  west  coists  of 
France.  North  Sea  veaaels  advised 
to  steer  around  Scotland .^ 

Admiralty  of  February  4,  inK) 
declan„K  a  war  zone  the  wat.rs 
around  Great  Britain  and  Ireland 


Feb.  10 


Feb.  16 


Feb.  20 


Ambassador  Gerard      Mch. 
to  the  Secretary  of 
State 


Ambasaador  Gerard 
to  the  Secretary  of 
SUte 


Ambassador  W.  H. 
Page  to  the  Secre- 
tary of  State 


Ambassador  Gerard 
to  the  Secretary  of 
State 


The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


Mch.  2 


Mch.  15 


Mav  0 


May  13 


Instructs  him  to  address  note  to  Ger- 
man Foreign  Offie,-  presenting  draft 
PreTTr-  ^^Y"""  ««™any  and 
warfare  "  '"  ""'"'™« 

Transmits  reply  of  German  Govern- 
20*° -9 15         "™"  ""''•'  °*  *'el"'u»'-y 

^?/"'Tf  ^Py  "'  translation  of  Note 

relative  to  extent  of  war  zone.  Shet^ 
land  Islands  in  war  zone  but  Faroe 
Isles  not  endangered 

^^^!^  "JJ^r'^^  ^"*«'"  to  American 
note  of  February  22.  1915.  Declares 
intention  of  stopping  supplies  of 
every  kind  to  or  from  Germany. 

Transmits  statement  of  German  For- 
eign Office  relative  to  attacks  made 
oy  mistake  on  neutral  vessels  by 
Oerman  submarines   

Transmits  note  for  communication  to 
Oerman  Foreign  Office  protesting 
against  violation  of  American  rights 
on  the  high  seas,  culminating  in 
sinking  of  Luiitania. . . 


Paqi. 


24 


24-27 


Instructs    him    to    address    note    to 

»^'[S7  Z"'"*''^  ^^"^  protesting 
against  German  Admiralty  Procla- 
mation  of  February  4,  1913. . .  27-29 

Answer  of  (Jcrmany  to  American  pro- 
teat     against     German      4dmiral( 
iToclamation  of  Februer         1»15 


29-35 


35-37 


37-38 


39 


39-43 


4?  44 


44-47 


TABLE  OF  CONTENTS 


24 


27 


20 


id 


Fbou  aicd  to  Whom 

The  Oerman  Min- 
ister for  Foreign 
Affairs  to  Ambaii- 
aador  Grrard 

The  German  Min- 
irter  for  Fort-ign 
Affairs  to  Amhua- 
■ador  Gerard 

The  Secretary  of 
State  to  Ambagsii- 
dor  Gerard 

The  Secretary  of 
State,  ad  interim  to 
Ambassador  Gerard 

The  German  Min- 
ister for  Foreign 
Affairs  to  Ambas- 
sador Gerard 

Ambassador  Gerard 
to  the  Secretary  of 
SUte 

The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


Date. 

1915. 

May  28 


June  1 


June  2 


June  9 


Julys 


Julv  12 


July  21 


SlTlUCCT. 

Transmits  reply  to  American  protest 
of  May  13,  1915,  relative  to  sub- 
marine warfare  and  sinking  of  the 
Lutitania    

Further  reply  to  American  note  of 
May  13,  li»15,  relative  to  sinliing  of 
Oulflight  and  atUck  on  Cuahing. . 


XXllI 

Page. 

47-5IJ 
60-61 


The     Secretary     of       Julv  ,•)! 
State  to  Ambassa- 
dor Gerard 


Asks  whether  report  of  attack  on  S. 
S.  Xehraskan  has  been  received  bv 
German  Government ".  52 

Transmits  for  communication  to  Ger- 
man Foreign  Office,  second  no'..-  on 
sinking  of  Luaitati.a 32-50 

Htply  to  American  note  of  June  fl, 
I'Jl.j,  relative  to  sinking  of  Lusi- 
'<"""    50-6> 

Transmits  memorandum  from  Gor- 
man Foreign  Office  on  sinking  of 
Xebriikan    60-91 

Transmits  n"*->  for  communication  ti 
German  Foreign  Office  relative  to 
second  l.uaitania  njte 61-63 

Instructs  him  to  report  on  facta  re- 
lating to  sinking  of  I.eelanaw (H 


The  German  Ambas-       Aug.  24 
sador  to  the  Secre- 
tary of  SUte 


The  German  Ambas-      Sept.  1 
sador  to  the  Secre- 
tary of  Sute 


The  German  Ambas-      Sept.  4 
sador  to  the  Secre- 
tary of  State 

Ambassador    Gerard       Sept.  7 
to  the  Secretary  of 
SUte 


Communicates  instruction  from  his 
government  to  the  effect  that  no  of- 
ficial information  as  to  sinking  of 
Arabic  is  available;  regrets  if  Amer- 
ican lives  were  lost 

Kefers  to  conversation  of  even  date 
and  states  that  his  government  has 
instructed  him  to  say  that  liners 
will  not  he  sunk  without  warning 
and  without  safeguarding  the  lives 
of  non-combatants,  provided  they  do 
not  try  to  escape  or  oifer  resistance 

States  that  Fnglish  merchant  vessels 
fired  on  German  submarines  without 
challenge  of  any  kind 

Transmits  report  of  the  German  Gov- 
ernment on  tlie  sinking  of  the 
Arabia   


64 


«4-6ri 


6.5 


6.5-6ti 


( 
I 

\ 

i 
I 


ZXIV 

From  aru  to  Whom. 

AmbaKmdo;  Oersid 
to  tho  Secretary  of 
SUte 


TABLE  OF  CONTENTS 


Datc 

1UI5. 
Sept.  U 


The     Secretary     of       Sept.  U 
State  to  Ambaaea- 
dor  Gerard 

The  German  Ambaa-       (^ct.  G 
aador  to  the  Secre- 
tary of  Statu 


The  Secretary  of 
^tate  to  the  Ger- 
man Amliaxsador 


Ambaasador  Gerard 
to  the  Secretary  of 
State 


Ambassador  Gerard 
to  the  Secretary  of 
State 

Ambassador  Gerard 
to  the  Secretary  of 
State 

The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


The  German  Ambas- 
sador to  the  Secre- 
tary of  State 


Ambassador  Gerard 
to  the  Secretary  of 
Sute 


Oct.  (i 


Oct.  19 


Oct.  19 


Oct.  30 


Nov.  30 


1916. 
Jan.  7 


Jan.  17 


The  German  Ambas-       Mch 
sador  t'j  the  Secre- 
tary of  State 


SUBJBCT.  PaAB. 

Tranimita  note  from  Imperial  For- 
eign Office  incloHing  report  of  attacic 
ou  St(<amer  Orduna 67 -M 

Instructed  to  deliver  aummary  of  evi- 
dence on  file  in  the  Department  in 
regard  to  the  sinking  of  the  Arabia        68-40 

Communicates  instructions  of  German 
Oovernracnt  in  regard  to  the  ginlcing 
of  the  Arabic.  German  commander 
convinced  the  ilradie  intended  to 
lum  submarine.  Imperial  Govern- 
ment regrets  and  disavows  this  act 
nnd  is  prepared  to  pay  indemnity. 
New  orders  so  stringent  that  recur- 
r'  nee  of  incidents  similar  to  Arabia 
case  out  of  the  question 70 

Accepts  the  regrets  and  disavowal  of 
Imperial  Government  in  case  of  the 
Arabic,  nnd  in  prepared  to  negotiate 
in  regard  to  the  indemnity 70-71 

Reports  receipt  of  note  from  foreign 
office,  dated  October  Ifl,  relating  cir- 
cumstances of  the  destruction  of  the 
Lcelnnatc,  citing  justiUcation.  In 
addition  acknowledges  applicability 
of  treaty  71 

Tran!imitg  note  of  Foreign  Office  in 
regard  to  the  destruction  of  the 
Leelanatc 71-73 

Transmits  note  from  Foreign  Office 
containing  a  discussion  of  the  sink- 
ing of  tl;e  Arabic 73-74 

Instructs  him  to  infotm  Forei;;n  Of- 
fice that  the  United  States  objects 
to  the  resort  to  Prize  Court  in  Lee- 
lanaw  case,  and  suggests  settlement 
by  diplomatic  negotiations 74 


Communication  from  German  Govern- 
ment, delivered  by  German  Ambas- 
sador under  instructions  relative  to 
submarine  warfare  in  Mediterranean        74-76 

Reports  that  Foreign  Office  states 
that  German  submarine  did  not  sink 
the   Persia    76 

Memorandum  fr.jm  German  Embaaay 
relative  to  submarine  warfare 76-78 


1 


TABLE  OP  CONTENTS 


xzv 


Fioic  AND  TO  Whom. 

The  SecreUrr  of 
State  to  AmteMa- 
dor  Gerard 


The  Secretary  of 
State  to  Amliaasa- 
dor  Gerard 

The  Secretary  of 
State  to  Ambaisa- 
dor  Gerard 


The  Secretary  of 
iSiate  to  AmiiagBa- 
dur  Cirard 

The  Secretary  of 
•State  to  Amljasna- 
dor  Gerard 

Ambassador  Gerard 
to  the  Secretary  of 
State 


The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


Ambassador  Gerard 
to  the  Secretary  of 
State 


The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


The  German  Ambas- 
sador to  tlie  Secre- 
tary of  State 


The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


Date.                              Subject.  Pao«. 

luiu. 
Mch.  27       Instruct!  him  to  inquire  of  Foreign 
Office  whetlier  a  submarine  beiong- 
ing  to  Germany  or  her  allies,  sunk 
the  Suitex   79 

Mch.  28  Instructs  him  to  inquire  of  Foreign 
Ciffice  whether  the  J-Jnglithman  was 
8uni(  by  Germany  or  her  allies 78 

Mch.  29  Instructs  him  to  inquire  of  Foreign 
<Jlliee  whether  the  Mancheater  En- 
gine'r  »i,s  sunk  by  Germany  or  her 

allies    7B 

Apr.  1  Instructs  him  to  inquire  of  Foreign 

Olliie  whether  the  Kagle  Point  was 
sunk  by  Germany  or  her  allies. ...  70 

Apr.  1  Instructs  him  to  inquire  of  Foreign 
(Jllice  whether  the  Uericindvale  was 
sunk  by  Germany  or  her  allies 70 

Apr.  11  Transmits  note  of  German  Foreign 
dtlice,  replying  to  the  notes  on  the 
subject  of  the  Sussex,  Mancheater 
Engineer,  Englishman,  Bencindvalc 
and  Eagle  Point 80-82 

Apr.  18  Instructs  him  to  deliver  German  For- 
ei;jn  t  iffioe  communication  on  the 
tiiiasex,  with  statement  of  facts  in 
the  case  82-80 

May  4  Transmits  reply  of  German   Govorn- 

nient  relative  to  the  8uasc:c,  an- 
nouncing that  in  future,  merchant 
vessels  within  and  without  the  war 
zone  shall  not  be  sunk  without  warn- 
ing and  without  safeguarding  hu- 
man lives,  unless  these  ships  at- 
tempt to  escape  or  offer  resistance        90-04 

May  8  Instructs  him  to  accept  German  Gov- 
ernment's declaration  of  abandon- 
ment of  submarine  policy  and  to 
state  that  it  is  taken  for  granted 
that  this  policy  is  not  contingent  on 
other  diplomatic  negotiations 94-95 

May  12  Informs  Department  of  Bandoeing  in- 
cident; warns  masters  of  neutral 
ships  of  danger  incurred  by  turning 
their  ships  on  a  submarine 95 

Aug.  16  Iristructs  him  ti  ill  attention  of  For- 
eign Office  to  attack  on  Oteego 96 


I 


'J 


i  / 


If 


XZTl 

7mm  and  to  Whom. 

AmbaiMdor  Qerard 
to  the  Secretary  of 
SUta 

The  Secretarr  of 
State  to  Ambasaa- 
dor  Qerard 

The  Seeretarj  of 
State  to  Ambasaa- 
dor  Qerard 

The  Secretary  of 
State  to  Charge 
Grew 


Charg*  Grew  to  the 
Secretary  of  State 


The  Secretary  of 
State  to  Chargt 
Grew 

The  Secretary  of 
State  to  AmUasa- 
dor  Qerard 

The  Secretary  of 
State  to  Charge 
Crew 

The  Secretary  of 
State  to  L'iiargiJ 
Grew 

Charge  Grew  to  the 
Secretary  of  State 


Charge  Grew  to  the 
Secretary  of  State 

Charge  Grew  to  the 
Secretary  of  Utate 

Charge  Grew  to  the 
Secretary  of  State 

The  Secretary  of 
State  to  Charge 
Grew 

The  Secretary  of 
State  to  Charge 
Grew 

The  Secretary  of 
State  to  Charge 
Grew 


TABLE  OP  CONTENTS 

D4«-  Subject.  p^oi. 

Auf.  27       Tranamit    note  relative  to  attack  on 

the  Oicey,.  99.07 

Sept.  18  Itiifructa  him  to  deliver  rommuniea- 
tioB  relative  to  the  attack  on  the 
Oicego    ),7 

Sept.  20  In»tructa  him  to  lubmit  itatement  to 
the  Foreign  Office  relative  to  attack 
upon  the  Owego 98-00 

Oct.  30  Initnjcta  him  to  call  attention  of 
German  Government  to  linking  of 
Hoicanmore  by  aubmarine,  and  a»ka 
for  inveatigation   and   report 90-101 

Nov.  3  Tranamite  note  from  Foreign  Office 
relative  to  the  ainking  of  the  Roican- 
more  and    J/artna 100 

Nov.  18  Instructa  him  to  call  attention  of 
German  Government  to  ainking  of 
8ehek  and  Delta 100-101 

Nov.  18  Inatructa  him  to  call  attention  of 
German  Government  to  ainlcing  of 
Lanao    jqj 

Nov.  18  In»tri:.t8  him  to  call  attention  of 
German  Government  to  sinlcing  of 
Arcbia    joj 

Nov.  18  Instructs  him  to  call  attention  of  the 
German  Government  to  sinking  of 
the  Columbian  ]  02 

Nov.  21  Transmits  note  from  Foreign  Office 
replying  to  inquiry  in  regard  to  the 
ainking  of  the  Rowanmore 102-103 

Nov.  27       Transmits  note   from   Foreign   Office 

relative  to  the  sinking  of  the  Marina  104 

Dec.  4         Transmits   note   from   Foreign  Office 

relative  to  the  sinking  of  the  Arabia     105-106 

Dec.  8         Transmits  note  relative  to  the  sinking 

of  the  Sebek 106 

Dec.  9         Instructs  him  to  make  report  relative 

to  the  sinking  of  the  Barbara 107 

Dec.  0         Instructs  him  to  make  report  relative 

to  the  sinking  of  the  Trtppr' 107 

uee.  9  Instructs  him  to  make  report  relative 

to  the  sinking  of  the  Lokken 107 


Fioii  AND  TO  Whom. 

1'b*  Secret!  rv  nf 
SUte  to  Charg« 
Grew 

Cbarg<  Grew  to  the 
Hccretary  of  State 

The  Secretary  of 
State  to  Charge 
Grew 

Charge  Grew  t<)  the 
Secretary  of  State 


The  bt  -ury  of 
State  to  Charge 
Grew 

Consul  WaKhingtun 
to  the  Secretary  of 

State 

Ambassador  Gerard 
to  the  Secretary  of 

SUte 

Ambassador  Gerard 
to  the  Secretary  of 

State 

Ambassador  Gerard 
to  the  Secretary  of 
State 

Ambassador  Gerard 
to  the  Secretary  of 
SUte 

Ambassador  Gerard 
to  the  Secretary  of 
SUte 


From  and  to  Whom. 

The  Acting  Scere- 
Ury  of  State  to 
the  German  Am- 
bassador 


The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


TABLE  OF  CONTENTS 

St'BJECT. 


Date 

lOltf. 
Pec.  0 


Dec.  11 


Dec.  12 


Dec.  18 


Dec.  27 


1017. 
Jan.  11 


Jan.  12 


Jan.  15 


Jan.  29 


ARMED 

Date. 

1914 

Sept.  19 


Sept.  29 


Instructs  him  to  make  report  relative 
to  the  linking  of  the  Trtvarrick 

Tiansmits  note   from   Foreign  Office 
relative  to  the  sinking  of  the  Lanao 

Inetructs  him  to  inform  the  Foreign 
t'lliee  as  to  the  status  of  the  Manna 


XXVll 
Page. 

lOfl 

108 
100 


Triinsmits  memorandum  from  Qer- 
nmn  Foreign  Olflce  relative  to  the 
sinking  of  the  Columbuin 100-112 

Dec.  20  IPfctructs  him  to  make  an  additional 
Ktatcroent  to  the  Foreign  Offlee  fur- 
ther as  to  the  utatus  of  the  ilarina.  112 

Die.  22       i:t,,orts  attack  on  the  Rebecca  Palmer    112-113 


Transmits  report  of  Foreign  Office 
relative  to  the  sinking  of  the  Deltu . .  1 1 .1 

Trausuiits  note  from  the  German  For- 
ugn  UBice  relative  to  the  sinking  of 
the  Trippel 114 

Transmits  note  relative  to  the  sinking 
of  the  Lokken l'-i-115 

Transmits  note  relative  to  the  sinking 
'>f  the  Barbara 115 

Transmits  note  relative  to  the  sinking 
(if  the  Treiarrick 115  116 

Past  v. 

MF,RCHAXT  VESSELS. 

Subject. 

Transmits  copies  of  two  memoranda 
denning  rules  which  will  be  followed 
in  cases  involving  status  of  armed 
merchant  vessels  visiting  ports  of 
the  United  States 116-117 

Transmits  copies  of  memoranda  on 
subject  of  armed  merchant  ships, 
with  instructions  to  communicate  to 
German  Government 1 18 


t 


i 


■ 


XXVIil 


Fbom  and  to  Waou. 


TABLE  OP  CONTENTS 


Oatb. 

1014. 
.AmbMwdvr  Oward      Oat  IS 
to  tha  SMrrctarr  of 
SUto 


The    Actios    Secre- 
tary   of    State    to 
AmbatMdor       Ger- 
ard. 


No*.  7 


Ajnbawador    Gerard      Feb.  U 
to  the  Secretary  of 
Stete 


The  Genaan  Ambat-      Feb.  20 
•ador  to  the  Si-ori-- 
Ury  of  State 

AmbaiMdor  Gerard      Apr.  11 
to  the  Secretary  of 
State 


Sdwbct. 


Paoc. 


^,^""***  ""'•  '■*■  Otnamn  Foreim 
WBea  oa  iubject  of  armed  aMrehant 
•hipa  viaitiog  neutrul  watera Il»-1 10 

iMtnieta  him  to  iaform  the  Oemm 
GoTermnent  that  United  SUtee  die- 
•enti  from  the  opinion  of  German 
UovenuDent  relative  to  treatment  to 
be  accorded  to  armed  merchant  ihipa 
viiitinjf  neutral  |>ort» ; .     i  imjo 

Tranamiti  note  verbalc  from  Ger- 
man Foreign  Offli-e  on  treatmeat  of 
armed  merchantmen,  diiti'd  Feb- 
ruary 8.  lldfl,  with  memorandum 
dated  February  10,  IDlfl I20-13S 

Adviaea  atatui  of  m.riliant  veaieU 
and  quotes  Engliah  newspaper  re- 
port* on  armed  merclianUnen 13:>-136 

Transmits  Note  V'prljale  from  Ger- 
man Foreign  Office  incloiing  official 
order  aaid  to  have  been  iuued  by  the 
English  Admiralty  for  armed  Eng- 
liih  merchant  vcBgeU  in  event  of  en- 
countering hostile  submarinea. . .  15*J-137 


ft 


U 


Past  VI. 
SUPPLIES  FOfi  BELUGERENT  VESSELS. 


Fbom  and  to  Whom. 

The  Acting  Secre- 
tary of  State  to 
the  German  Am- 
baaaador 


The  German  Ambas- 
sador to  the  Secre- 
Ury  of  State 


The  ConnseJor  of 
the  Department  of 
State  to  the  Ger- 
man Ambaiaador 


The  German  Ambaa- 
•ador  to  the  Coun- 
selor of  the  De- 
partment of  State 


Datb. 

1914. 

Sept.  IB 


Oct.  21 


Nov.  7 


Nov.  11 


SOBJICT. 

Ineloaea  two  memoranda  deflning  gen- 
eral rules  in  dealing  with  cases  in- 
volving status  of  armed  merchant 
veaaela  and  with  cases  of  merchant 
vesaela  suspected  of  carrying  aup- 
I'lies  to  belligerent  warships  from 
American  ports  

Stftes  that  the  tugs  P.  B.  Dalzelt  and 
O.  B.  Daltell  carry  supplies  from 
New  York  to  the  British  cruiser 
Etiex  

Iirforms  him  that  the  German  steam- 
ship Lockaun  believed  to  be  a  tender 
to  the  German  cruiser  Oeter,  will  be 
interned  at  Honolulu  if  she  does  not 
leave  immediately 

Disenaaea  the  dentention  of  the  Lock- 
»M»,  and  inquires  on  which  rule  or 
reffnlation  the  detention  is  to  be 
baaed  


138140 


140 


141 


141-142 


TABLE  OP  CONTENTS 


FMIf  AlfDTO  WaOM. 

TIm  CooMtlor  of 
th«  Oeptrtinviit  of 
8Ute  io  tha  Orr- 
man  Ambauador 

The  OemwB  Ambai- 
«ador  to  Um  Hcerc- 
Urjr  of  8UU 


The  Acting  Secre- 
tary of  Htate  to 
the  Oermao  Am- 
baiaador 


Dan. 

1014. 
Not.  is 


Kov.  21 


Not.  23 


The     Secretary     of      Dec.  11 
State   to   the   Oer- 
man  Amba»MJur 


The  Germaa  Anbac- 
lador  to  the  Secrc- 
Ury  of  State 


The  German  Arabaa- 
basmdor  to  the 
Counwlur  of  State 


Dee.  15 


Dec.  21 


The  Couoielor  of 
the  Department  of 
SUte  to  the  Ger- 
man Ambaiiador 


Dec.  23 


The     Secretary     of      Dec.  24 
State  to  the  Ger- 
man Ambaiaador 


xzix 
Paoc. 


14t 


SCUCCT. 

SUtaa  that  the  Loek$un  kaa  bMB  in- 
Uraed  on  the  principle  that  ibe  haa 
been  acting  ai  a  tender  to  the  Ger- 
man warthip  Oeier 

^P^V**  '»■'"»*  Intarnment  of  the 
Loekiun  and  compares  her  atatua 
*'^  «•>•*  uf  the  tug  Dalttit,  which 
•he  claimi  carried  (uppliee  to  tlie 
Britlah  iteamer  emtm 142-143 

Informa  him  that  the  United  MaUa 
haa  not  been  able  to  find  eufflcient 
evidence  ibowing  that  the  tug  P.  B. 
Dalzell  hae  furniihed  ■uppTlei  to 
Brltiih  wanhipi.  The  Department 
will  be  glad  to  have  further  inv.»ti. 
gation  made  on  the  baiia  of  new 
information    U3-U4 

Informi  him  the  Department  muit 
adhere  to  its  decision  regarding  the 
locktun.  Department  will  be  glad 
to  receive  whatever  evidence  the  Em- 
baiay  haa  that  the  tug,  F.  B.  0*1— U 
supplied  the  British  steamer  £atM     U4-I4S 

Incloaea  memorandum  from  German 
Government  stating  its  contention 
that  the  delivery  of  coal  and  other 
necessaries  to  warships  of  belligerent 
States,  constitutes  a  violation  of 
neutrality  146-147 

Calls  attention  to  the  fact  that  the 
case  of  the  Locktun  is  identical  with 
those  uf  the  British  steamships  Jfof- 
Una  and  Trcmeadow,  which  served 
as  tenders  to  BritUh  cruisers  and 
are  demanding  to  be  allowed  to  coal 
in  Panama,  alleging  they  have 
ceaaed  to  be  tenders  to  British  war- 
•hipa    147 

Informs  him  that  the  British  ttaam- 
shipa  ilalUna  and  Tremeadow  have 
been  considered  by  the  Canal  an- 
thoritiea  as  coming  under  rule  2  of 
the  Preaidcnt's  Proclamation  of  No- 
vember 13,  1914,  which  accords  to 
tranaporU  or  fleet  auxiliaries  the 
same  treatment  as  that  given  to  the 
belligerent  vessels  of  war 147-148 

Bcplies  to  his  note  of  December  15 
and  discusses  subject  of  traffic  in 
contraband  of  war  and  supplies  for 
belligerent  vessels  by  citijena  of  neu- 
tral countries 148-160 


■I 


xx:c 


TABLE  OP  CONTENTS 


r*«r  VII 

OERMANAMERICAN  TRADE  AND  THE  EXPORTATION  Of  ARMH  AND 

MUNITIONS. 


Fmu  and  to  VViom. 

The  Ofrman  Amliat- 
Mdor  to  th»  8»cr»' 
tar;  of  8latr 

Tli»  Sfcrrtary  of 
^  (Kti>  to  tha  Oer- 
nmn  Ambatiador 


Date. 

1015. 

Apr  4 


Apr.  21 


Sl'WICT. 


Paob. 


Tranamlta  mcmorandiiai  on  Otrman- 
American  trade  and  tbc  qutitlon  of 
delivery  of  arm 181-IS3 

Kt'pllea  to  hit  note  of  April  4,  and 
itutM  the  viewa  of  the  United  State* 
reinirding  trade  between  the  United 
iSUte*  and  Uer-  y  and  eiportation 
«>'  *rm» Jaai66 


Pa«t  VIII. 
INTERNMENT  OF  GERMAN  VESSELS. 


FlOM  AKD  TO  WboU. 

Th(  Countelor  of 
the  Department  of 
.state  to  the  Ger- 
man Ambatudor 


The  German  Ambae- 
Hador  to  the  Secre- 
tary (if  State 

The  SetTetary  of 
Stall-  to  the  Ger- 
man Ambaiaador 

The  Acting  Secre- 
tary of  State  to 
tlie  (itrman  Am- 
basaacJur 


The  German  Amliag' 
Hiidor  to  the  Secre- 
tary of  State 

The  German  Ambae- 
gftdor  to  the  Secre- 
tary of  State 


Datb. 

11)14. 

Oct.  30 


.<o7.  n 


Nov.  12 


Nov.  27 


1015 
The     SecreUry     of      Mch.  18 
State  to  the  Ger- 
man Ambassador 


Apr.  8 


Apr.  12 


Subject. 

That  the  German  vunboat  Qtier, 
which  put  into  Honolulu  for  repaira 
on  October  15,  wiM  be  allowed  until 
November  6  to  make  necessary  rt- 

P«i'»    156 

Protests  SRainst  the  internment  of 
two  officers  of  the  (leier;  cites  case 
of  British  Major  Robertson 157 

Advisi's  him  that  the  G'ier  and  hock- 
lun  wer'  "i-.tr    ;    '  N'ovonibti-  =,  19)4  157 


Replies  to  letter  of  November  11  rela- 
tive to  internment  of  two  (ifflrert  of 
the  OetVr;  case  of  British  Major 
Robertson, — the  two  incidents  have 
no  cssvntial  resemblance 158-150 

Informs  him  that  the  Ptin*  Eitel 
Fritdrich  will  be  allowed  until  April 
7  to  complete  repairs  and  leave  the 
territory  waters  of  the  United 
States,— or  failing  in  this  that  she 
will  be  interned  during  the  continu- 
ance of  the  war 150 

Expresses  appreciation  of  courtesies 
accorded  Prim  Eitel  Friedrich  while 
in  Newport  News leo 

Asks  permission  for  the  German  war- 
ship Kronprim  Wilkeltn  to  land  at 
Newport  Newt  shipyards  for  repaira    160-161 


TABLE  OP  CONTENTS 


rmi  AND  TO  WbOM 

Tkt     Saerviary     of 
HtaU  to   'h*  Qtr- 


Datv. 

IBIS. 

Apr.  81 


SCMICT 

nfpliM  to  not*  of  thv  Uth  Intt ,  that 
tiM  Kronprtm  Wilhilm  will  b*  al- 
lowtd  uatil  April  2ii  lo  ronplvt*  rt- 
pain  and  Imv*  tbv  territory  watvrt 
of  tiM  UaitMi  8tatM.  Of  failint  la 
thit  that  lb*  will  \»  inlfmMt  during 
tb*  coBtiauaBM  of  tba  war 


Z»l 


Taoi. 


1«I 


Pah  IX. 

ESCAPE  OF  OFFICERS  AND  MEN  FROM  GERMAN  SHIPS  INTERNED  IN 
THE  UNITED  STATES. 


FaoM  AND  TO  Whom. 

The  Secretary  of 
Sut»  to  tlitt  Ger- 
man Ambataador 


The  Secretary  of 
Ntate  to  Ambataa- 
dor  Gerard 


1'he  German  Ambas- 
sador to  the  Secre- 
tary of  State 


The  Secretary  of 
State  to  the  Ger- 
man Ambassador 

The  German  Ambas- 
sador to  the  Secre- 
tary of  SUU 


Date. 

I91S. 

Nov.  le 


Not.  17 


Nov.  22 


Nov  23 


Nov.  24 


Subject. 

Calls  attention  to  facts  relating  to 
escape  of  certain  paroled  officers  and 
men  from  interned  vessels,  and  asks 
that  any  of  the  men  mentioned  who 
may  now  be  within  German  juris- 
diction, or  who  may  hereaft'-r  come 
within  such  juriadictlon  be  promptly 
returned  to  this  country  for  intern- 
ment; cites  the  caae  of  the  Russian 
ship  Lena  interned  during  the  Russo- 
Jspanese  war  182-164 

Informs  him  that  Department  has 
called  attention  of  the  German  Am- 
bassador to  the  escape  of  certain 
paroled  officers  and  men  from  in- 
terned ships,  and  to  the  case  of  the 
Rusnian  ship  Lena  interned  during 
the  RusDO-Japanese  wrr  Depart- 
ment aslced  Ambassador  to  bring 
facts  promptly  to  the  attention  ol 
the  German  Government  and  that 
the  German  Government  will  direct 
the  prompt  return  to  the  United 
States  for  internment  of  the  escaped 
officers  and  men  who  may  now  be  or 
may  hereafter  come  within  German 
jurisdiction  im 

Asks  that  officers  and  crew  of  the 
Prim  Eitet  Friedrich  be  spared  the 
biirailiation  of  having  their  photo- 
graphs taken  164-166 

Replies  to  letter  of  22d  inst ,  grant- 
ing the  request  that  the  officers  and 
crews  be  not  photographed 166 

Replies  to  letter  of  the  16th  inst., 
relative  to  the  escane  of  officers  and 
men  of  the  :-U;nei  ■•>?>•,• 1C6 


■•i 


mHi 


xxxn 

Fbok  and  to  Whom. 

The  Seoretary  o( 
State  to  AmbaaBa- 
dor  Qerard 


TABLE  OF  CONTENTS 


Date. 

1015. 

Dec.  22 


Ambassador  Gerard 
to  the  Secretary  of 
State 


The  Secretary  of 
State  to  AmbaBsa- 
dor  Gerard 


1916. 
Feb.  21 


Mch.  9 


Si'BJECT.  Page. 

Instructs  him  to  inquire  whether  the 
attention  of  the  German  Foreign  Of- 
fice has  been  called  to  the  escape  of 
interned  German  officers  and  men  by 
the  German  Ambassador  in  Wash- 
ington, and  to  urge  the  representa- 
tions of  the  Department  be  promptly 
replied  to  by  the  German  Govern- 
ment    167 

Transmits  note  of  Foreign  Office  rela- 
tive to  the  escape  of  officers  :  nd 
men  from  the  interned  Kronprim 
Wilhelm  and  Prim  Eitel  Friedrich..      167-168 

Adinov.lodgt-d  the  reply  of  the  Ger- 
man F'wreign  Office  relative  to  the 
escape  of  the  officers  and  men  of 
the  German  interned  men  and  in- 
structs him  to  present  the  views  of 
the  United  States  and  to  say  that 
the  Department  will  be  glad  of  an 
early  reply   168-169 


Pakt  X. 

ATTEMPT  OF  GERMAN  SHIP  ODEXWALD  TO  SAIL  WITHOUT 
CLEARANCE  PAPERS. 


Fbom  and  to  Whom. 

The  German  Ambas- 
sador to  the  Secre- 
tary of  State 


The  Secretary  of 
State  to  the  Ger- 
man Ambassador 


Date. 

1915. 

Apr.  1 


May  3 


Subject. 

Aslcs  why  her  papers  were  not  de- 
livered to  the  Odenwald,  although 
two  searches  of  the  ship  showed  no 
ground  upon  which  to  refuse  said 
papers  Protests  that  the  action  Oi' 
the  harbor  authorities  in  opening 
fire  on  the  steamer  without  warning 
not  justified  under  circumstances.. 


170171 


Replies  to  his  note  of  April  1,  1915, 
in  relation  to  the  refusal  of  the 
Collector  of  Customs  in  San  Juan, 
Porto  Rico,  to  clei.r  the  steamer 
Odenwald  to  Hamburg 171-174 


Part  XI. 
CASE  OF  THE  WILLIAM  P.  FRYE. 


From  and  to  Whom. 

The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


Date. 

1915. 

Mch.  31 


SCBJECT. 

Instructs  him  to  present  claim  of 
owners  and  captain  for  destruction 
of  the  American  ship  William  P. 
FruK  by  the  German  cruiser  Prim 
bilcl  Friedrich    175-176 


TABLE  OF  CONTENTS 


xxxiii 


Fbok  and  to  Whou. 

Ainbaaaador  Gerard 
to  the  Secretary  of 

sut« 


Date. 

1915. 
Apr.  5 


ScBJKCT.  Page. 

Tmnamits  the  reply  of  the  German 
Foreign  Ofiiee  regarding  claim  for 
the  ainking  of  the  William  P.  Frye. 
Prize  proceedings  will  be  instituted 
before  the  Prize  Court  at  Hamburg     176-177 


The      S'XTetary       <f 
f  i.ite  to  Aubi    ta- 


Apr.  28  Instructs  him  to  inform  the  German 
Foreign  Office  that  the  United  States 
prefers  the  William  P.  Frye  claim 
should  be  settled  by  diplomatic  ne- 
gotiations and  not  Ix-  submitted  to  a 
prize  court  as  suggested 1 78-1 79 


Ambassador  Gerard 
to  the  Secretary  of 
State 


June  7  Transmits  further  reply  of  the  Ger- 
man Foreign  Office  in  the  case  of 
the  ll'i7/tam  P.  Frye 179-180 


The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


June  24  Instructs  him  to  inform  German  tor- 
eign  Office  that  the  United  States 
objects  to  resorting  to  prize  court 
in  the  William  P.  Frye  case,  and  to 
suggest  settlement  by  direct  diplo- 
matic negotiations   1S1-I84 


Ambassador  Gerard 
to  the  Secretary  of 
SUte 


July  30  Transmits  note  from  German  For- 
eign Office  relative  to  the  case  of  the 
William  P.  Frye.  Suggests  appoint- 
ment of  experts  to  tii  amount  of 
indemnity  Acknowledges  treaty 
stipulations  obliging  German  Gov- 
ernment to  make  compensation  for 
damage.i  sustained  by  American  citi- 
zens. Prize  court  found  cargo  was 
contraband  and  sinking  juatitled . . . 


184-187 


The     Secretary     of      Aug.  10 
State  to  Ambassa- 
dor Gerard 


Ambassador  Gerard      Sept.  20 
to  the  Secretary  of 
SUte 


Instructs  him  to  inform  German  For- 
eign Office  that  terms  in  the  case  of 
the  WiUiam  P.  Frye  settlement  are 
acceptable  and  suggests  appointment 
of  umpire  188-189 

Transmits  note  from  Foreign  Office 
relative  to  case  of  the  WiUiam  P. 
Frye.  German  Government  objects 
to  the  nomination  of  an  umpire. 
Names  Dr.  Kepny,  German  expert — 
suggests  compromia  being  negotiated 
between  the  German  Foreign  Office 
and  the  American  Embassy  in  Ber- 
lin. Has  issued  orders  to  naval 
forces  not  to  destroy  American  mer- 
chantmen loaded  with  conditional 
contraband  if  it  is  not  possible  to 
take  them  into  port 189-191 


XXXIV 

Fbom  and  to  Whom. 

Tho  Secretary  of 
iState  to  Ambassa- 
dor Gerard 


Ambaaaador  Gerard 
to  the  Secretary  of 
State 


TABLE  OP  CONTENTS 


Date. 

1915. 

Oct.  12 


Dec.  2 


Subject. 


Paoe. 


Instructs  him  to  inform  the  Foreign 
Office  that  the  United  States  concurs 
in  the  view  that  it  is  not  necessary 
to  nominate  an  umpire  in  advance; 
concurs  in  suggestion  that  negotia- 
tions relative  to  the  comprom  -^  he 
conducted  by  the  Foreign  Office  and 
the  American  Ambassador 191-19.3 


Transmits  note  from  Foreign  Office 
in  reply  to  note  of  October  12,  1915, 
relative  to  the  ainlcing  of  the 
William  P.  Frye,  with  copy  of  draft 
compromis  submitted  by  Foreign 
Office    103-iea 


Pabt  XII. 

CASE  OF  THE  BRITISH  STEAMSHIP  APPAil.  CAPTURED  BY  GERMA^f 
NAVAL  FORCES  AND  BROUGHT  BY  A  PRIZE  CREW  INTO  NEW- 
PORT NEWS,  VA. 


Fbo IX  AND  TO  Whom. 

The  German  Ambas- 
sador to  the  Secre- 
tary of  State 


Date. 

1916. 

Feb.  2 


Subject. 

Reports  arrival  at  Newport  News, 
Va.,  of  the  British  steamship  Ap- 
pam,  captured  by  the  German 
cruiser  Moewe;  requests  internment 
of  military  party  of  the  enemy  as 
well  as  the  crew  of  the  ship 


187 


Memorandum  from 
the  German  Em- 
bassy 


Feb.  8  Holds  that  the  Appam  is  not  a.i  aux- 
iliary cruiser  but  a  prize  to  be  dealt 
with  according  to  Article  19  of 
Prusso-American  Treaty  of  1799. 
Article  21  of  Hague  Convention  con- 
cerning neutrality  at  sea  not  appli- 
cable          197-198 


The  German  Ambas- 
sador to  the  Secre- 
tary of  State 


Feb.  22  Reports  the  filing  of  a  libel  against 
the  Appam, — protests  against  the 
action  of  the  United  States  and  asks 
that  necessary  steps  be  taken  to 
secure  the  dismissal  of  the  libel. . . .     198-100 


The  Secretary  of 
State  to  the  Ger- 
man Ambassador 


Mcb.  2  Discusses  the  status  of  the  Appam. 
States  that  the  United  States  does 
not  consider  Article  19  of  the  Treaty 
of  1799  is  applicable  and  adds  that 
the  Attorney  General  will  present 
to  the  Court  a  copy  of  the  Am- 
bassador's note    199-202 


^ 


TABLE  OF  CONTENTS 


Fbok  and  to  Wrou. 

The  German  Ambas- 
Hidor  to  the  Secre- 
tary of  State 


The  Qerman  Anbas- 
sadur  to  the  Seore- 
tary  of  State 


The  Secretary  of 
SJtate  to  the  Ger- 
man Ambassador 


Date. 

ItilU 

Mch.  14 


Mch.  16 


Apr.  7 


SUDJECT. 


XXXV 


Paoe. 


states  that  the  commander  of  tlu- 
Appam  objects  to  her  being  taken 
to  a  wharf.  In  view  of  the  fact  that 
the  district  attorney  did  not  usk 
for  a  dismissal  of  the  libel  on 
March  7,  requests  that  he  be  not 
asked  to  appear  again 202-2O:t 

Incloses  memorandum  from  his  gov- 
ernment and  requests  that  consti  ac- 
tion of  the  Treaty  of  179'J  be  re- 
ferred to  the  Hague  Court  of 
Arbitration     204-205 

Discusses  application  of  Article  in 
of  the  Treaty  of  1709  to  the  case  of 
the  ippam;  cannot  accept  proposal 
to  refer  interpretation  of  Treaty  to 
the  Permanent  Court  of  Arbitration 
at   205-207 


Pabt  XIII. 
NON-CONTRABAND  CHARACTER  OF  HYDROAEROPLANES. 


Fbou  aj(d  TO  Whom. 

The  German  Ambas- 
sador to  the  Secre- 
tary of  State 

The  Secretary  of 
State  to  the  Ger- 
man Ambassador 


Date. 

1915. 

Jan.  19 


Jan.  29 


SuujEcr. 

Protests   agaiudt   'he   sale  of  Hydro- 
aeroplanes to  be    .    'rent  states 208 


Replies  to  his  note  of  19th  inst.,  and 
states  that  the  Department  does  not 
consider  hydro-aeruplane»  or  other 
air-craft  as  v    sela  of  war 209-210 


Pabt  XIV. 
RECALL   OF  CAPTAIN   VON   PAPEN.   MILITARY   ATTACHE,   AND   CAP- 
W^^SHINGTON    ^'"^^''^^  ATTACHE,  OF  THE  GERMAN  EMBASSY  AT 


Fbou  and  to  Whom. 

The  Secretary  of 
State  to  the  Ger- 
man Ambassador 


The  Secretary  of 
State  to  the  Ger- 
man Ambassador 


Date. 

1915. 

Dec.  4 


Dec.  10 


SOBJECT. 

Confirms  conversation  and  requests 
recall  of  Captain  Boy-Ed,  Naval 
Attache,  and  Captain  von  Papen, 
Military  Attache    210-211 

Refers  to  request  for  recall  of  Cap- 
tain Boy-Ed,  Naval  Attach*,  and 
Captain  von  Papen,  Military  At- 
tache, and  urges  immediate  action. .  211 


XXXVI 

Fbom  and  to  Whom. 

The  German  Ambag- 
aador  to  the  Secre- 
tary of  State 


The  Secretary  of 
State  to  the  Ger- 
man Ambaiiaudur 


The  Secretary  of 
State  to  the  Ger- 
man Ambaseador 


The  Secretary  of 
State  to  the  Ger- 
man Ambassador 


TABLE  OF  CONTENTS 


Date. 

1915. 

Dec.  10 


Dec.  11 


Dec.  15 


Dec.  18 


Sub  Paoe. 

Informa  him  that  ,e  Emperor  hat 
been  pleased  to  recall  Captain 
Boy-Ed  and  Captain  von  Papcn,  and 
asks  for  safe  conduct  for  their  re- 
turn to  Germany 212 

Acknowledges  receipt  of  note  of  10th 
inst.  and  states  safe  conducts  have 
been  asked  for  return  to  Germany  of 
Captain  Boy-Ed  and  Captain  von 
I'apen    212 

Advises  him  that  the  British  and 
French  Ambassadors  have  arranged 
for  safe  conducts  for  the  return  to 
t.ermany  of  Captain  Boy-Ed  and 
Captain  von  lapen 213 

Transmits  authenticated  copies  of 
notes  from  British  and  French  Am- 
bassadors, vthich  will  be  regarded  as 
safe  conducts  lor  Captain  Boy-Ed 
and  Captain  von  Papen;  passport 
for  each  inclosed 213 


I     1 


*     r 


Part  XV. 

TRANSMISSION  OF  MAIL  OF  AMERICAN  DIPLOMATIC  AND  CONSULAR 

OFFICERS. 


Fbom  and  to  Whom. 

The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


Date. 

1914. 

Nov.  25 


1915. 
Apr.  23 


Subject. 

Submits  proposed  regulations  for 
transmission  of  diplomatic  mail  for 
American  diplomatic  and  consular 
officers  in  belligerent  territory 


214 


Transmits  Department's  regulations 
for  transmission  of  diplomatic  and 
consular  correspondence 214-215 


Pabt  XVI. 
CENSORSHIP  OF  TELEGRAMS 


Fbom  and  to  Whom. 

Ambassador  Gerard 
to  the  Secretary  of 
State 


D.\TE. 

1914. 

Dec.  4 


Subject. 

Forwards  re<|ue8t  of  Foreign  Office 
that  steps  be  taken  to  secure  unin- 
terrupted transmission  of  messages 
referring  to  cotton  transactions.... 


215 


TABLE  OF  CONTENTS 


zzzvu 


Pabt  XVII. 

DISPLAY  BY  NAVAL  VESSELS  OF  DISTINGUISHING  MARKS  ON  THE 

HIGH  SEAS. 


Fbou  and  to  Whom. 

The  German  Amoas- 
sador  to  the  Secre- 
tary of  SUto 


The  Secretary  of 
State  to  the  Qer- 
man  Ambauador 


Date. 

1016. 

Dec.  1 


Dec.  10 


1916. 
Ambaiaador  Gerard      Jan.  24 
to  the  Secretary  of 
State 


Subject.  Paoe. 

Atks  that  orderi  be  issued  to  Amer- 
ican warships  in  the  Mediterranean 
to  display  tne  national  flag  by  day 
and  keep  ship  and  flag  lighted  by 
night  in  order  to  avoid  being  mis- 
taken for  warships  of  States  at  war 
with  Central  Powers 216 

Declines  to  issue  orders  as  suggested 
in  letter  of  December  1,  and  incloses 
letter  from  the  Secretary  of  the 
Navy  indicating  reasons 216-217 

Beports  that  he  informed  German 
Foreign  Office  of  refusal  of  United 
States  to  comply  with  request  of 
German  Ambassador  as  to  display 
by  naval  vessels  of  flag  by  day  and 
night,  and  incloses  reply  of  Foreign 
Office    218-219 


Pa»T  XVIII. 

AMERICAN  PRISONERS  OF  WAR  TAKEN  TO  GERMANY  ON  GERMAN 
PRIZE  SHIP  YARROWDAhE. 


Fbou  aud  to  Whom.       Date. 
1917. 

American  Ambassa-      Jan.  19 
dor  to  the   Secre- 
tary of  State 


SiraJECT. 

Reports  arrival  of  prize  ship  Yarrow- 
dale  at  Swindemunde  with  409  pris- 
oners, among  whom  were  103  neu- 
trals     


220 


The  Secretary  of 
State  to  Ambassa- 
dor Gerard 


Jan.  22  Instructs  him  to  telegraph  at  once 
if  there  were  any  American  citizens 
among  the  Yarrowdale  prisoners, 
and  if  so  to  furnish  names  and  ad- 
dresses     


220 


Ambassador  Gerard      Jan.  24 
to  the  Secretary  of 

State 


Ambassador  Gerard      Jan.  26 
to  the  Secretary  of 
State 


Reports  that  he  requested  informa- 
tion of  German  Foreign  Oflice  as  to 
whether  there  were  any  Americans 
among  the  Yarrowdale  prisoners. 
No  answer  having  been  received,  an- 
other request  had  been  sent 220 

Reports  that  a  correspondent  had  as- 
certained from  an  Under  Secretary 
of  State  that  there  were  some 
Americans  among  Yarrovcdale  pris- 
oners. No  answer  from  Foreign  Of- 
fice to  his  notes  of  January  20,  24, 
25,  and  26 221 


xxxviii 


Fkom  and  to  Whom. 

Ambasaadur  Gerard 
U  the  Secretary  of 

State 


TABLE  OF  CONTENTS 


Date. 

1917. 

Jan.  30 


Subject.  Pj^oj. 

Transmits  note  from  Oerman  Foreign 
Office  stating  there  are  .American 
citizens  amuriK  the  YarroicilaU  pr.^- 
oners.    Further  advice  will  be  sent  221 


Ambassador  Gerard 
to  the  Secretary  of 
State 


Feb.  1 


Transmits  list  of  Americann  brought 
to  Swindemunde  on  prize  ship  Yar- 
rouilale   


222 


Ambassador  Gerard 
to  the  Secretary  of 
State 


Feb.  4 


Reports  that  German  Foreign  Office 
informed  him  that  American  pris- 
oners taken  on  the  Yarrowdale 
would  be  released  at  once,  as  it  was 
not  known  at  the  date  of  their  sail- 
ing that  Germans  would  treat  armed 
merchantmen  as  warships 


222-223 


The      Minister     of      Feb.  12 
Switzerland  in 

charge  of  German 
interests  in  Amer- 
ica, to  the  Secre- 
tary of  State 


Transmits  communication  from  Ger- 
man Government  to  the  effect  that 
the  release  of  Yarrowdale  prisoners 
is  conditional  on  the  German  vessels 
in  American  waters  not  being  seized 
and  crews  interned 


223 


Ambassador  Willard      Feb.  17 
to  the  Secretary  of 
State 


Spanish  Minister  for  Foreign  Affairs 
states  that  the  German  Minister  for 
Foreign  Affairs  informed  the  Spanish 
Ambassador  at  Berlin  that  Amer- 
ican prisoners  brought  in  by  Yar- 
rowdale and  such  other  non-bellig- 
erents would  be  set  at  liberty  within 
a  very  short  time 


223 


I'   f 


I   I 


if 


The     Secretary     of      Feb.  20 
State  to  Ambassa- 
dor Willard 


Ambassador  Willard 
to  the  Secretary  of 
State 


Feb.  26 


The     Secretary     of      Feb.  27 
Statp  to  Ambassa- 
dor Willard 


Instructs  him  to  make  formal  demand 
for  release  of  the  Yarrowdale  prison- 
ers. If  not  promptly  released  and 
allowed  to  cross  frontier,  Govern- 
ment of  the  United  SUtes  will  con- 
sider what  measures  may  be  neces- 
sary to  obtain  satisfaction 223-224 


Reports  that  Foreign  Office  slates 
that  Yarrowdale  prisoners  had  been 
released  on  February  16 224 


Instructs  him  to  make  full  report 
as  regards  Yarrowdale  prisoners, 
why  they  were  held;  prc«  Mt  where- 
abouts, and  if  then  in  Ger.niany  what 
arrangements  for  their  departure 
were  b^inp  made 224 


Fbom  and  to  Whom. 

Ambaggador  Willard 
to  thf  Secretary  of 
State 


The      MinistcT      of 
(Switzerland  in 

charge  of  German 
intereetg  in  Amer- 
ica, to  the  Secre- 
tary of  State 


Minister  Eagan 
the  Secretary 
State 


to 
of 


Ambaaitdor  Willard 
to  the  Secretary  of 
SUte 


AmbaMador  Willard 
to  the  Secretary  of 
State 

Minister  Stovall  to 
the  Secretary  of 
SUte 


M 


TABLE  OF  CONTEXTS 


Date. 

1917. 

Mch.  2 


Mch.  2 


Mch.  3 


Mch.  7 


Mch.  12 


?Jd    12 


SlU.IKCT. 


XXXIX 


Page. 


Reports  Yarrowdale  prisomrs  had 
been  releaited  Kubruury  1(1  ami  were 
making'  preparatiuiis  "to  kuvi-  Uer- 
many  wlu>ii  an  Kn^lish  member  of 
trew  contratti'd  typhus;  primmers 
quarautiiied  at  Hniiidi-iiburt.':  no 
other  nuniberH  of  party  attacked; 
will  prul,al,ly  i,a\i  by  Sh  ilzerlnnd 
March  7.  (.ieiniau  Minister  fur  for- 
eign AlFairs  hail  rcMiucati-d  .*^puni»li 
physician  to  verity  truth  of  abovu 
fatts.  Spanish  -Ambassador  ordered 
doctors  to  go  to  iirandenburg  and 
make  prompt  report  thereof 224-225 

Reports  transfer  of  Yarrowdale  pris- 
oners to  Swiss  frontier  will  prob- 
ably take  place  March  7.  Two  doc- 
tors and  two  veterinaries  from 
Yarroudale  who  wore  in  officer 
prison  camp  at  Karlsruhe  arrived  at 
vVarnemunde  for  departure  to  Den- 
mark     


Reports  arrival  in  Copenhagen, 
March  1,  of  four  American  medical 
officers  released  from  Karlsruhe 
prison  camp  February  27 

Reports  Spanish  Embassy  doctor  vis- 
ited yarrowdale  prisoners  at  Bran- 
denburg and  approved  quarantine. 
Doctor  further  stated  men  had  no 
complaint  to  make  other  than  of 
diet    

Reports  59  Yarrowdale  prisoners  left 
Germany  via  Sweden,  and  one  other 
from  another  camp  was  also  released 

Reports  arrival  in  Zurich  March  11, 
of  fifty-nine  Yarrowdale  prisoners.. 


225 


225-226 


226 


227 


227 


Minister  Stovall 
the  Secretary 
SUte 


Minister  Stovall  to 
the  Secretary  of 
State 


Mch.  16 


Mch.  18 


Informs  Department  of  receipt  of  re- 
port from  the  Consul  General  at 
Zurich  that  no  complaint  was  made 
of  Yarrowdale  prisoners  of  their 
treatment  at  high  sens  or  at  Swine- 
munde.  Treatment  at  Brandenburg 
very  harsh.  Knew  nothing  of  any 
contagious    diseases 


227 


Reports  having  personally  conversed 
with  released  Yarrowdale  prisoners, 
as  to  treatment  received  by  them 
and  submits  report 227-228 


xl 


TABLE  OP  CONTENTS 


Fmm  and  to  Whom. 

AmbtiMdor  Willard 
to  the  Secretary  of 
SUte 


DATS. 

1917. 
Mch.  18 


SoBJicr.  Paoc. 

Report!  Harlington,  iMt  American 
i'arroicdale  prTioner  left  for  Den- 
mark by  Warnemunde  13th  in«t. ..  228 


Pak  XIX. 

3TATU8  OF  AMERICAN  CONSULAR  OFFICERS  IN  BELLIGERENT 
TERRITORY  OCCUPIED  BY  ENEMY  TROOPS. 


Fmou  AND  TO  Whom.      Date. 

1914. 

Ambaaiador  Gerard      Dec.  4 

to  the  Secretary  of 

SUte 


The  Belgian  Min- 
ister to  the  Secre- 
Ury  of  SUte 


Dw.  88 


1916. 
Ambaiaador  Gerard      Jan.  11 
to  the  Secretary  of 
SUte 


The     SecreUnr     of      Jan.  21 
State  to  AmbasM- 
dor  Gerard 


The     Secretary     of      Jan.  2S 
SUte  tu   the   Bel- 
gian Minister 


The    Belgian    Min-      Fpi.  13 
ister  to  the  Secre- 
tary of  SUte 


SCBJECT. 

Transmita  Note  Verbale  from  For- 
eign Ufiice  (Uting  position  of  Ger- 
man Government  as  to  recognition 
of  consular  officers  in  occupied  terri- 
tory     228 

Communicates  cablegram  from  his 
government  inclosing  notification  to 
neutral  powers  of  intention  of  Ger- 
man Government  to  cancel  exe- 
quaturs granted  by  Belgian  Govern- 
ment, and  to  create  consular  posts 
at  Brussels,  Li»ge,  and  Antwerp 
with  temporary  recognition.  Bel- 
gian Government  has  entered  protest 
under  Article  42  of  the  4th  Conven- 
tion of  The  Hague 229-230 

Transmits  Note  Verbale  from  Foreign 
Office  dated  January  3,  1015,  and 
Note  Verbale  from  Foreign  Office 
to  Royal  Spanish  Embassy  at  Berlin 
relative  to  the  protest  of  Belgian 
Government  against  receiving  recog- 
nition of  consular  officers  in  occu- 
pied territory   . . . ; 230-231 

Instructs  him  to  present  accompr.ny- 
ing  note  to  German  Government  re- 
specting position  of  consular  officers 
in   occupied   territory 231-232 

Aclcnowledges  receipt  of  note  of  De- 
cember 28,  relative  to  the  notifica- 
tion by  Germany  of  its  intention  to 
cancel  exequaturs  and  to  create  but 
three  consular  posts  granting  tem- 
porary recognition  only 232 

Transmits  copy  of  German  Govern- 
ment's reply  to  Belgian  Govern- 
ment's protest,  with  copy  of  further 
protest  of  Belgian  Government  in 
relation  to  the  canceling  of  exe- 
quaturs and  to  the  creation  but 
three  consular  posts  granting  tem- 
porary recognition  only 233-234 


TABLE  OP  CONTENTS 


FlOU  A!fD  TO  WbOU. 

Amljaiaador  Ovrard 
to  the  Secretary  of 

.State 


Datc. 

IQIS. 

Mch.  12 


1916. 
Ambaiiador   Gerard      June  14 
to  the  Secretary  of 
State 


The    Acting    Secre-      July  12 
tary    of    State    to 
Ambasiudor      Oer- 
ard 


Subject. 

Tranimitii  reply  of  Oerman  Foreisn 
Ofllce  to  the  Note  Verbale  of  Jan- 
uary 2J,  1015,  relative  to  the  can- 
celing of  exequatur*  grantinl  by  the 
German  Government  to  oa-upied 
territory 

Reports  that  German  Foreign  Office 
deairea  to  be  informed  whether  the 
rteugiiitiun  accorded  to  Coniulg  at 
Antwerp,  f-itge,  and  Bruasels  will 
Ije  regarded  as  acceptable  in  the  caoe 
of  the  C'unaul  at  Warsaw 


Iniitructa  him  to  inform  Foreign  OlBce 
that  proposal  regarding  recognition 
to  Americhn  Conaul  at  Warsaw  ia 
acceptable   235-236 


xli 


Paoc. 


234 


235 


'I 


Past  XX. 
BELGIAN  RELIEF. 


Fbom  ako  to  Whom. 

The  Secretary  of 
State  to  Ambaisa- 
dor  Gerard 


Minister  Whitlock 
to  the  Secretary  of 
State 


The  Acting  Secre- 
tary of  State  to 
Ambassador  W.  H. 
Page 


The  Acting  Secre- 
tary of  State  to 
Minister  Whitlock 


The  Acting  Secre- 
tary of  State  to 
Minister  Whitlock 

Ambassador  W.  H. 
Page  to  the  Secre- 
tary of  State 


Date. 

1914. 

Oct.  7 


Oct.  16 


Oct.  19 


Oct.  19 


Oct.  20 


Oct.  26 


Subject. 

Instructs  him  to  take  up  informally 
with  the  Foreign  Office  the  question 
of  obtaining  dettnite  assurances  from 
German  Government  regarding  work 
of  the  Belgian  Relief  Commission . .  236 

Reports  plan  for  supplying  food  to 
the  needy  persons  of  Brussels  ap- 
proved by  German  Government,  and 
asks  Department's  approval 236-237 

Informs  him  German  Government  ap- 
proves plan  of  Belgian  Relief  Com- 
mittee and  instructs  him  to  proceed 
according  to  plan  submitted  October 
6,   1914    


237 


238 


Informs  him  German  Government  ap- 
proves plan  of  Belgian  Relief  Com- 
mittee and  instructs  him  to  proceed 
according  to  plan  submitted  October 
6,  1914.  Embassy  in  London  eo  ad- 
vised     


Informs  him  Department  approves 
plan  submitted  October  16,  1914...  238 

Reports  Belgian  Relief  Committee 
baa  written  assurance  of  Oerman 
military  commander  at  Belgium  that 
food  gent  by  Commission  should  not 
be  confiscated    238 


i  f:' 


I  ■ 


Fbou  and  to  Whom. 

Tbn  Acting  Secre- 
tary of  tstate  to 
AmbaMadur     H>-r- 

rit'ii 

Till'  Aotin);  Si'crc- 
tary  of  Mate  to 
AiiibaiMailur  Ger- 
ard 


Ambnaoador  Her- 
rick  to  the  Secre- 
tary of  State 

TUe  Acting  Secre- 
tary of  State  to 
Anilmssiidiir  Ger- 
ard 


TABLE  OF  CONTENTS 


Date. 

III14 

(.M.  31 


Nov.  7 


Nov.  11 


Nov,  20 


AiiibaDMdor  Uerard       Nov.  23 
to  tlie  Secretary  of 
SUta 


ihe     Secretary     of       Dec.  1 
Mate   to   the   Ger- 
man Ambaatador 


The  German  Ambas-      Dec.  4 
aador  to  the  Secre- 
tary of  State 


SuwiCT.  p^o«. 

Instructs  him  to  aak  whether  Franc* 
will  K've  aaiurance  of  recognition  of 
neutrality  of  goodn  nhipped  to  Bel- 
gian Itelief  Commiailon 239 

Inatructa  him  to  ascertain  if  Germany 
will  permit  unmolested  [laasage  of 
Belgian  food  ships  from  United 
States  to  Holland  for  Belgium,  and 
whetlier  an  embarf^  lies  or.  impor- 
tation Into  Belgium  in  neutral 
ships,  of  second-hand  clothing 239 

Reports  French  Government  does  not 
object  to  tranHit  of  foodstuffs 
through  the  Netherlands  to  Belgium  230 

Instructs  him  to  obtain  or  to  request 
safe  passage  of  British  and  neutral 
shlpii  with  the  supplies  for  Belgium 
and  for  permission  for  American 
automobiles  to  distribute  food 239-240 

ReportM  that  German  Government 
will  not  interfere  with  neutral  ships 
carrying  food  for  Belgium,  but  un- 
neutral sbius  must  have  proper  cer- 
tihcates  endorsed  by  German  Ambas- 
sador at  Washington 24Q 

Advises  him  of  the  agreement  of 
German  Government  to  grant  safe 
passage  to  unneutral  ships  carrying 
food  to  Belgium,  and  having  "cer- 
tificates endorsed  by  German  Am- 
bassador, and  inquires  if  it  meets 
approval  of  Embassy 240-241 

Replies  to  note  of  the  1st  inst.,  and 
concurs  in  proposals  therein 241 


The  German  Ambas-      Dec.  5 
sador  to  the  Secre- 
tary of  State 


Consul  General  Sl<in-      Dec.  8 
ner    to   the    Secre- 
tary of  State 

The     Secretary     of       Dec.  10 
State      to      Consul 
General  Skinner 


Informs  him  instructions  have  been 
given  German  Consul  to  issue  safe 
conduct  to  enemy  ships  carrying 
food   to    Belgiimi 


241 


Forwards  request  of  Belgian  Relief 
for  American  naval  ships  for  carry- 
ing supplies  to  Belgium 241-242 

Regrets  no  suitable  naval  vessels  can 
!«•  utilized  for  carrying  supplies  for 
Bel);ian  Relief  Commission.  Sug- 
gests charter  of  neutral  vessels  and 
instructs  him  to  communicate  with 
American   Ambassador,   I.<ondon 242 


1 


TABLE  OF  CONTENTS 


xliii 


Fbum  and  to  Whom. 

AnilMUMilor  Cifr»rd 
tu  thi-  Hecrvtiiry  uf 
Mate 


Memorandum  tu  tla- 

CilTlliany      IjllljUn')' 

frum    ti»>    IVpart- 
rnvnt  ot  Stuit! 


Dati 


U«c.  18 


^^lrBJECT.  Paoc. 

Itt-porta  Orman  Kuri'l^n  OlUi'i>  Iiav« 
ikiiued  dviiriKl  paMva  lur  AuuTiraiK 
uuli  aiituuiuliiica  fur  ilkhI  diatribu- 
tiuii  iu  U«lgium 242 

I'luiiamitii  thanki  of  American  Com- 
uiiMJiin  for  Kvlit'f  in  Ui'litium  (or 
amiatanrc  u(  (Jerman  Uovernment..  242 


AmlukSiWdor   (;fiiird       Dec.  28 
to  thu  Si'cri'tary  of 
»Ute 


Amliaasador    W     II       Dec.  28 
I'HBe  to  the  Scert- 
tary  of  State 


Trananiiu  Nolo  Vcrlmie  from  Ger- 
man Kof'  ij^M  (iBlcr  rilutivc  to  word- 
inj;  of  cirtiricateH  of  unnvutrul  aliipa 
carrying   food   fur   Uelgium 243-244 

InfurniH  Department  that  British  For- 
eign iiiliie  will  undertake  tu  facili- 
tale  tile  voyuye  only  of  iiueh  charity 
■hi|>8  ti:  liiitterdum  an  contain  uli.ile 
cai'gi'i'H  III  fiHiii  fur  Krlgian  relirt. 
All  xhipa  must  lie  reported  tu  (.'om- 
niiiision'it  repreiientative  in  Ne.v 
York  and  British  Ambassador  at 
Washini^ton    244 


Minister   van    Dyke      Dec.  20 

to  the  Secretary  of 

State 

1913. 
Minister      Whitlock       Jan.  2 

to  the  Secretary  of 

State 

Ambassador  Gerard      Jan.  2 
to  the  Secretary  of 
SUte 


Minister   van   Dyke      Jan.  4 
to  the  Secretary  of 
State 


Reports  that  foodstuffs  for  Limlterg 
taxed  by  German  commander 244-24o 


Reports  German  Governor  General  of 
Belgium  has  ordered  that  no  food- 
Btulis  in  Belgium  be  requisitioned..  245 

Transmits  copy  of  unofficial  note  to 
(fcrman  Foreign  Office  with  inquiry 
BH  to  whether  any  further  requiii- 
tinns  of  foodstuffs  will  be  made, 
with  reply  of  Foreign  UfBce 245 

Reports  that  the  import  duty  on  flour 
e.va('ted  by  German  civil  commander 
of  the  Province  of  Limberg  has  been 
removed  and  amount  collected  under 
the  ta.x  refunded 247 


The     Secretary     of      Jan.  13 
State  to  Ambassa- 
dor Gerard 


Ambassador  Gerard      Jan.  17 
to     the     Secretary 
of  State 


Instructs  him  to  ascertain  whether 
German  civil  commander  of  Belgian 
Province  of  Limberg  is  exacting  im- 
port tax  on  foodstutfs  sent  by  Bel- 
gian Relief  Commission 247 

Reports  Minister  van  Dyke  states  tax 
on  foodstuffs  sent  by  Belgian  Relief 
Commission  has  been  removed  and 
money  collected  has  been  refunded 
German  Foreign  Office  asked  to  drop 
investigation    247 


xliv 


TABLE  OP  CONTENTS 


Faoji  anotoWbom. 

The  Occrtlary  of 
Htate  to  MlnUtrr 
van  Dyk* 

The  8#*r»tary  of 
Statf  to  Mtnlitfr 
van  Dyke 


MIniitvr   van   Dyke 
to  the  Secretary  of 

State 


Miniiter  van  Dyke 
to  the  Secretary  of 
State 


D4TI. 

leia. 
Jan.  21 


Jan.  21 


Jan.  22 


Jan.  22 


SVMICT. 


Miniiter     VVhitlock      Jan.  20 
to  the  Secretary  of 
StaU 


Miniater     Whitlock      Jan.  28 
to  the  Secretary  of 

State 

Minister     VVhitlock      Jan.  28 
to  the  Secretary  of 

State 


Minister     Whitlock      Jan.  28 
to  the  Secretary  of 

State 


The  German  Ambaa-      Jan.  28 
aador  to  the  Secre- 
tary of  State 


Inatrueta   him 
removal  of  tas  on  fuodatuffa 
berg   


to    report    rtnrding 
in  Llm- 


y 


Inform*  him  LImbcrg  tax  removed 
and  nionev  collected  refunded,  and 
inatrueta  him  to  conlirm  facta  and 
report    

Reports  ronflrming  statement  that 
Limberg  tax  has  been  removed  and 
money  refundrd.  Incloses  copy  of 
letter  from  American  Ambasaaaor  at 
Berlin    

Reports  Netherlanda  Oovemment  haa 

? ranted  Belgian  Relief  Commlaaion 
ree  use  of  Government  railways, 
postal  and  telegraph  service,  and  ex- 
emption of  duty  on  automobiles 

Transmits  copT  of  note  from  Qermai 
civil  authorftiea  giving  aaaurance 
that  foodetuffs  imported  for  regiona 
of  Qivet  and  Fumay  in  that  part  of 
Francv-  upon  the  Belgian  border  aa 
far  as  the  Meuse  be  exempt  from 
requisition.  Rockefeller  Foundation 
have  agreed  to  furnish  foodstuff* 
for  this  district  on  condition  of  their 
being  transported  by  Belgian  Relief 
Commission    

Reports  satisfactory  adjustment  of 
(juestion  of  customs  duty  on  food- 
stuffs for  Belgium 

Refers  to  correspondence  in  regard 
to  exemption  from  requisition  by 
civil  authorities  of  foodstuffs  in  Bel- 
gium, and  aUtes  that  exception  was 
made  of  the  city  of  Antwerp,  al- 
though no  mention  was  made  of  the 
fact  by  German  authorities 

Incloses  letter  from  German  military 
authorities  stating  that  cattle  and 
their  food  will  be  exempt  from  mili- 
tary requisition  when  imported  by 
the  ComiU  National  de  8eoour$  et 
d'Alimcntation    

Reports  German  Government  gives  aa- 
aurance that  foodstuffs  imported 
from  the  United  States  will  not  be 
used  by  the  Government  for  the 
military  or  naval  authorities  and 
will  not  reach  any  contractors  of  the 
Government    


Pam. 


248 


248 


248 


250 


2S0 


2S1 


2S1 


2fi2 


262 


TABI  R  OP  CONTENTS 


zlv 


Faou  akdtoWhou. 

Minlitfr  Whltlock 
tu  the  8«cr«Ury  o( 
HtaU 


Datk. 

IUI&. 

Ftb.  3 


SVNCCT.  PaOI. 

Trtaunit*  corrt(poDd«ncf  rtlatlT*  to 
thr  Uvrmaii  ■MUianc*  that  suthorl- 
tir*  in  the  MaultfUKe  dittrlct  will 
nut  mjuiaitlon  Iwxittulft  for  B«l- 
gtum    2M 


AmbkiMdor  Sharp 
tu  the  8«rretiiry  u( 
8t«t« 


F«b.  lU  Report*  French  Qovernment  hat  no 
objt'C'tion  to  nhipment  carifu  Ar||tn- 
tinv  maixe  to  Kotterdam  (ur  rt-hef 
of  lirlirian  and  French  people  In 
occupied   territory    


263 


The  Secretary  nf 
State  tu  Miuiattr 
Whltlock 


Feb.  18  Rrporta  Belgian  Relief  Commtnion 
have  been  adviaed  uf  exemption  of 
cattle  and  their  fuud  frum  requltl- 
tjon  when  imported  by  the  Cumit^ 
\at\onal  de  Htvuuri  <l  d'AI\menttt- 
tion    


283 


The  Secretary  of 
State  tu  Miniiter 
Whltlock 


Feb.  23  Acknowledge  receipt  of  dUpatch  of 
January  20,  and  copy  of  note  from 
Oermau  civil  authoritie*  containing 
asiurancea  that  foodatulTa  imported 
for  the  tugion*  of  Uiret  and  Fumay, 
in  that  part  of  France  upon  the  Bel- 
gian border  as  far  at  the  Meute 
will  be  exempt  from  r*<juUition. . . . 


264 


Minitter  van  Dyke 
to  the  Secretary  of 
SUte 


Mch.  3  Tranimiti  memorandum  presented  by 
the  German  Miniater  at  The  Hasue 
relative  to  the  »hip«  uf  the  Belgian 
Relief  L'ummissiun;  aafe  conduct 
cannot  be  aaaured  tu  relief  ihipt  on 
their  way  to  and  from  Kngland  in 
view  of  the  exiiting  mine  danger  in 
the  war  zone 


264 


Ambattador  W.  H. 
Page  to  the  Secre- 
Ury  of  SUte 


Mch.  10  Ri'porti  Foreign  Office  ttatet  flag  and 
niarkingt  of  Britiah  Relief  Commit- 
8ion  will  be  used  unlv  un  ahipi  carry- 
ing goods  of  Commiii!)ion 


266 


Memorandum  to  the 
Cierman  Kmbaa«y 
from  the  Depart- 
ment of  State 


Mch.  11  Advitea  him  Britith  Oovemment  hat 
given  ax  .  irance  that  flag  and  mark- 
ingt  of  Z  -itiah  Relief  Committion 
will  onl.i  lie  used  on  ships  carrying 
goof's  of  Coramission 


268 


The  SecretaiT  of 
State  to  Ambassa- 
dor W.  H.  Page 


Apr.  3  Instructs  him  to  inform  Belgian  Re- 
lief Commission  of  attack  on  Com- 
m  ssion't  vessel  Elfland  by  German 
aeroplanes.  German  Admiralty  ex- 
plains markings  of  relief  ship  not 
recognizable  and  suggests  markinga 
flat  on  upper  deck 


266 


xlvi 

FBOU  and  to  U  ROM. 

Statement  given  to 
the  Pre88  by  » ';c  De- 
partment of  fitate, 
March  24,  1917 


TABLE  OP  CONTENTS 


Date. 

1017. 
Mch.  24 


Subject. 

Withdrawal  of  American  Mini»ter  at 
BruMeli,  from  Belgium,  with  all 
diplomatic  and  consular  offlcer»  and 
American  members  of  the  Relief 
Commission    


Paoi. 


266 


Part  XXI. 
DEPORTATION  OF  CIVILIANS  FROM  BELGIUM. 


P\ 


I'i 


\iii 


Fbou  and  to  Whom.       Date. 
19!«. 
Charge  Grew  to  the       Oct.  10 
Secretary  of  State 


The    Acting    Secre-      Oct.  19 
tary    of    State    to 
Charge  Grew 


Charge  Grew  to  the      Oct.  23 
Secretary  of  State 


Charge  Grew  to  the      Oct  27 

Secretary  of  State 


The     Secretary     of      Nov.  2 
SUte     to     Charge 
Grew 


The     Secretary     of       Nov.  29 
State     to     Charge 
Grew 


Charge  Grew  to  the 
Secretary  of  State 


Dec.  20 


Subject. 

Reiiorts  Jlinister  Whitlock  has  for- 
warded proof  that  complete  lists  of 
all  workmen  who  are  employed  and 
vho  receive  aid  have  been  demanded 
of  the  Cu-nil^  Xational  de  Hecourn 
et  d'Alimfiitation.  by  German  au- 
thoriticH    

Instructs  him  if  he  deems  it  advisa- 
ble to  draw  attention  of  Foreign  Of- 
fice informally  and  orally  to  action 
of  German  military  authorities  in 
demandinjj  list  from  Vomitc  .Va- 
tional  de  Sccours  et  d'Alimentation 

States  that  he  brought  informally  and 
orally  to  the  attention  of  the  For- 
eign Office  question  of  Belgian  la- 
borers.   Investigation  promised 

Reports  he  sought  further  interview 
with  German  Under  Secretary  for 
Foreign  Affairs  regarding  Belgian 
deportations  and  pointed  out  that 
this  action  involving  breach  of  in- 
ternational law  would  make  very 
bad  impression  abroad 

Instructs  him  to  reqaest  interview 
with  the  Chancellor  and  point  out 
unfortunate  impression  which  would 
be  created  in  neutral  countries  by 
proposed   deportation  policy 

Instructs  him  to  obtain  interview 
with  German  Chancellor  and  deliver 
protest  of  the  United  States  against 
deportation  of  Belgians 

Transmits  note  from  German  Foreign 
Office  Htating  that  320  deported  Bel- 
gian workmen  have  been  sent  back 
to  Belfrium  and  other  complaints 
will  be  investigated 


268 


268 


260 


260 


269 


200 


260 


TABLE  OF  CONTENTS 


xlvii 


Fbom  and  to  Whom. 

Clmrgi^  Grew  to  the 
iSecrutary  of  State 


Ambassador  W.  H. 
Page  to  the  Secre- 
tary of  State 


Minister  Whitloek 
to  the  Secretary  of 
State 


The  German  Aiiibas- 
■adur  to  the  Secre- 
tary of  State 

Minister  Whitloek 
to  the  Secretary  of 
State 


Date, 

lUlU. 

Dec.  l 


1017. 
Jan.  2 


Jan.  2 


Jan.  8 


Jan. 


Subject.  Paob. 

I  Transmits  German  iiegulations  Gov- 
erning Idleness  under  which  Belgian 
deportations    were    made 200 

Transmits  statement  by  Hoover  that 
there  had  been  no  change  in  German 
policy  since  President  s  protest  and 
deportations  continued    262 

Reports  it  difficult  to  obtain  informa- 
tion regarding  deportations  which 
continue;  estimated  00,000  to  100,- 
000  men,— possibly  2,000  returned . .  263 

Incloses  memorial  of  German  Govern- 
ment on  employment  oi  laborers  in 
Germany   264 

16  Transmits  account  of  deportations  of 
Belgian  workmen  with  report  on 
reiiuisitioii  of  Belgian  workmen  fur 
Maliaes    287 


Minister  Whitloek 
to  the  Secretary  of 
SUte 


Jan.  17  Picijorts  deportation  annoumvd  lor 
January  20  inst.,  and  incloses  cupy 
of  postcard  of  notification 


273 


Past  XXII. 

PEACE  OVERTURES  OF  THE  CENTRAL  POWERS  AND  REPLY  OF 
ENTENTE  POWERS. 

Fbom  and  to  Whom.       Date.  Subject. 

1016. 
Charge  Grew  to  the      Dec.  12       Tranemits  note   from   Foreign   Office 
Secretary  of  State                           proposing  entry  into  peace  negotia- 
tions         274-276 

The  Secretary  of  Dec.  16  Transmits  to  Entente  Powers  note 
State  to  Ambassa-  from  Central  Powers  offering  to 
dor  W.  H.  Page  begin   peace   negotiations 276 

Ambassador  Sharp  Dec.  29  Transmits  reply  of  Entente  Powers 
to  the  Secretary  of  to  the  German  offer  to  begin   peace 

State  negotiations   277-279 

1917. 

The     Secretary     of  Jan.  2  Transmits  reply  of  the  Entente  Pow- 

State  to  Ambassa-  ers    to   the   peace   overtures   of    the 

dor  Gerard  Central    Powers    279 

Ambassador  Gerard      Jan.  12       Transmits  note  from  German  Foreign 
to  the  Secretary  of                            t'tiice   relative   to   the   reply   of   the 
State                                                     Entente   Powers  to   the  peace  over- 
tures of  the  Central  Powers 280-282 


l-i 


xlviii 

Fbom  Aifo  TO  Whom. 

AmbBHador  Pen- 
field  to  the  Secre- 
Ury  of  SUte 


TABLE  OF  CONTENTS 


Datb. 

1917. 

Jan.  12 


SCBJCCT. 


Faok. 


Tranimiti  noU  from  the  Austro- 
Hungarian  Oovernment  relative  to 
the  reply  of  Entente  Powers  reply  to 
the  peace  overtures  of  the  powers..     282-283 

Pabt  XXIII. 

SUGGESTIONS  CONCERNING  THE  WAR  MADE  BY  PRESinFNT  wtt  anw 
DECEMBER  18.  1916.  AND  REPLIES  OTBeSuoIIIntI'^d'nEU^ 


Fbom  AifD  TO  Whom. 

The  SecretaiT  of 
State  to  Ambassa- 
dor W.  H.  Page 


Date. 

1916. 

Dec.  18 


Subject. 

Instructs  him  to  present  note  to  Brit- 
ish Government  suggesting  that 
early  occasion  be  sought  to  call  from 
all  belligerents  views  as  to  terms  of 
peace   


The     Secretarr     of      Dec.  18 
State  to  Ambassa- 
dor Gerard 


284-287 


Instructs  him  to  present  note  to 
German  Government  suggesting  that 
an  early  occasion  be  sought  to  call 
from  all  belligerents  views  as  to 
terms  of  peace 287-289 

Tr'2?""'*'  "°**  ''■'"°  German  Foreign 
(Mfice  replying  to  President's  sugges- 
tion of  a  conference  on  neutral 
K'*"""!    289-290 

Transmits  reply  of  Bulgaria  to  sug- 
gestion of  President's  proposed  con- 
ference on  neutral  ground.  Proposes 
immediate  meeting  of  delegates 290-291 

Transmits  reply  of  Belgium  to  sug- 
gestion of  Presidpnt'g  proposed  con- 
ference on  neutral  ground 291-292 

TVansmits  replies  of  the  Entente 
Powers  to  the  suggestion  of  the 
President  for  a  proposed  conference 
on    neutral    ground 292-206 

Letter  from  Hon.  A.  J.  Balfour  in 
regard  to  the  President's  suggestion 
for  a  conference  on  neutral  ground.     295-208 

Pabt  XXIV. 

S^K«,CE  or  ■'■'•■i^SSJL.mK^.KTWBEN  PHE  UNITED 


Ambassador  Gerard      Dec.  26 
to  the  Secretary  of 
State 


Consul  General  Mur-      Dec.  30 
phy  to  the  Secre- 
tary of  SUte 

1017. 
Ambassador     Sharp      Jan.  10 
to  the  Secretary  of 
State 

Ambassador    Sharp      Jan.  10 
to  the  Secretary  of 
State 


Memorandum    from      Jan.  13 
British  Embassy 


Fbom  and  to  Whom. 

The  German  Ambas- 
sador to  the  Secre- 
tary of  SUte 


Date. 

1917. 

Jan.  31 


Scbject. 

Incloses  two  memoranda  from  Ger- 
man Government  announcing  inten- 
tion to  wage  unrestricted  submarine 
warfare  


299 


ipl 


TABLE  OP  CONTENTS 


xlix 


Fbom  and  to  Wbou. 

The  Secretary  of 
SUte  to  the  Ger- 
man Ambauador 


Date. 

1917. 

Feb.  3 


Subject.  Paoi. 

Acknowledges  note  January  31,  with 
accompanying  memoranda  announc- 
ing unrestricted  submarine  warfare. 
Summarizes  correspondence  on  sub- 
ject, and  announces  that  all  diplo- 
matic relations  between  United 
States  and  Germany  are  severed,  and 
Incloses  pas^rarts  for  German  Em- 
bassy     308 


The  President  of  the 
United  SUtes  to 
the  Congress 


Feb.  3  Address  announcing  severance  of 
diplomatic  relations  between  the 
United  States  and  Germany 300-300 


The  Minister  of 
Switzerland  in 
charge  of  German 
interests  in  Amer- 
ica to  the  Secre- 
tary of  State 


Mch.23 


Notification  of  the  German  blockade 
of  the  waters  of  the  Arctic  Ocean . . 


300-310 


The      Minister      of 
Switzerland  in 

charge  of  German 
interests  in  Amer- 
ica to  the  Secre- 
Ury  of  State 


Mch.  24  Further  information  as  to  the  noti- 
fication of  the  German  blockade  of 
the  waters  of  the  Arctic  Ocean. . . . 


310 


Pabt  XXV. 


(1)  PROPOSED  MODIFICATION  OF  TREATY  OF  1799  CONCERNING  THE 
TREATMENT  OF  CITIZENS  AND  PROPERTY.  (2)  OFFER  TO  NEGO- 
TIATE FORMALLY  OR  INFORMALLY  WITH  THE  UNITED  STATES, 
PROVIDED  BLOCKADE  AGAINST  ENGLAND  IS  NOT  BROKEN. 


Fnou  AifD  TO  Whom. 

The      Minister      of 
Switzerland  in 

charge  of  German 
interests  in  Amer- 
ica, to  the  Secre- 
tary of  State 


Date. 

1917. 

Feb.  10 


Subject. 

Transmits  draft  of  proposed  treaty 
altering  Treaty  of  1790 310-312 


The  Secretary  of 
State  to  the  Min- 
ister of  Switzer- 
land in  charge  of 
German  Interests 
in  America 


Mch.  20  Acknowledges  note  of  Febriury  10, 
and  states  that  the  United  States 
is  not  disposed  to  look  with  favor 
upon  the  proposed  agreement  to  alter 
Article  23  of  the  Treaty  of  1709. . . 


312-316 


* 
# 


if 


TABLE  OP  CONTENTS 


Fbom  a.no  to  Whom. 

Statement  given  tu 
ths  PriM,  Feb.  12, 
1017 


Date. 

1917 

Feb.  12 


Subject. 


Paoi. 


Memorandum  from  the  Swiu  Minis- 
ter in  charge  of  German  intereats 
in  America,  stating  that  the  Swiss 
Qovernment  nas  been  requested  to 
say  that  the  German  Government 
is  willing  to  negotiate  formally  or 
informally  with  the  United  .States, 
provided  that  the  commercial  block- 
ade against  England  will  not  be 
broken  thereby.  American  reply 
agreeing  to  discuss  any  questions 
with  the  German  Govrmment,  if 
German  proclamation  of  the  3Ut  of 
January  is  cancelled  and  assurance 
of  May  4,  1016,  renewed 315-316 


Pabt  XXVI. 

DECLARATION  OF  WAR  AGAINST  THE  IMPERIAL  GERMAN 
GOVERNMENT.  ^^ 


Fbom  AND  TO  Whom.        Date. 
1017. 

Circular      telegram      Apr.  2 
from    the    Depart- 
ment  of   State   to 
all  Missions 


The  President  of  the 
United  States  to 
the  Congress 


StrBJBCT. 

Incloses  copy  of  President  Wilson's 
address  to  special  session  of  Con- 
gress, April  2,  1917,  and  quotes 
Joint  Resolution  declaring  the  exist- 
ence of  a  state  of  war  between  the 
Imperial  German  Government  and 
the  United  SUtes 317-318 

Apr.  2         Address  to  the  Congreat 318-324 


House  of  Represen-      Apr.  4 
tatives,  Committee 
on  Foreign  Affairs 

Public      Resolution      Apr.  6 
No.  1,  63th  Cong., 
1st  Sese. 

Proclamation  of  the       Apr.  6 
President    of     t'je 
United  States 


War  with  the  Imperial  German  Gov- 
ernment.   Report  of  Committee 


326-338 


Joint  resolution  declaring  that  a 
state  of  war  exists  between  the 
United  States  and  Germany 338-339 

Proclamation  of  the  existence  of  a 
state  of  war  between  the  United 
States  and  Germany 339-342 


ill 


\i  I 


OFFICIAL  DOCUMENTS 


^ 


!|i 


*  s 


lit 


*  1 1 

t  S  i 


1.  I 


OFFICIAL    DOCUMENTS. 

DIPLOMATIC  CORRESPONDENCE  BETWEEN  THE  UNITED 
STATES  AND  THE  IMPERIAL  GERMAN  GOVERNMENT 
AUGUST  1, 1914— APRIL  6,  1917. 


Pakt  I. 
DECLARATION   OF   LONDON. 


The  Secretary  of  State  to  Ambassador  Oerard.^ 

[  Telegram — Paraphrase.  ] 

Department  op  State, 
Washington,  August  6,  1914,  1  p.  m. 
Mr.  Bryan  instructs  Mr.  Gerard  to  inquire  whether  the  German 
Government  is  willing  to  agree  that  the  laws  of  naval  warfare  as  laid 
down  by  the  Declaration  of  London  of  1909  shall  be  applicable  to 
naval  warfare  during  the  present  conflict  in  Europe  provided  that 
the  Governments  with  whom  Germany  is  or  may  be  at  war  also  agree 
to  such  application.  Mr.  Bryan  further  instructs  Mr.  Gerard  to  state 
that  the  Government  of  the  United  States  believes  that  an  acceptance 
of  these  laws  by  the  belligerents  would  prevent  grave  misunderstand- 
ings which  may  arise  as  to  the  relations  between  neutral  powers  and 
the  belligerents.  Mr.  Bryan  adds  that  it  is  earnestly  hoped  that  this 
inquiry  may  receive  favorable  consideration. 


Ambassador  Gerard  to  the  Secretary  of  State. 
( Telegram — Paraphrase.  ] 

American  Embasbt, 
Berlin,  August  22,  1914,  12  midnight. 
Mr.  Gerard  refers  to  Department's  August  19,  4  p.  m.,  and  says 
his  August  20,  1  a.  m.,  by  way  of  Copenhagen,  states  that  the  German 
Government  will  apply  the  Declaration  of  London,  provided  its  pro- 
visions are  not  disregarded  by  other  belligerents. 

'  (Sune  mutatis  mutandis  to:  The  American  Embauiea  at  St.  Petersburg, 
Paris,  London,  and  Vienna,  and  the  American  Legation  at  Brussels.) 

1 


I 


6  S  ■ 


;   • 


2  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Tk0  Acting  Secretary  of  State  to  Ambassador  Gerard.^ 

[Telegram— Paraphrase.  ] 

Departhent  op  State, 
„  ,      .       ^     „  Washington,  October  24,  1914,  5  p.  m. 

Referring  to  Department's  August  6,  1  p.  m.,  and  Embaaay'a 
August  22,  relative  to  the  Declaration  of  London,  Mr.  Lansinir 
instruete  Mr.  Gerard  to  inform  the  German  Government  that  the 
suggestion  of  the  department  to  belligerents  as  to  the  adoption  of 
declaration  for  sake  of  uniformity  as  to  a  temporary  code  of  naval 
''/'A*  V  S""*  ***  present  conflict  has  been  withdrawn  because  some 
of  the  belligerents  are  unwilling  to  accept  the  declaration  without 
modifications  and  that  this  Government  will  therefore  insist  that  the 
rights  and  duties  of  the  Government  and  citizens  of  the  United  States 
'°i*t  present  war  be  defined  by  existing  rules  of  international  law 
and  the  treaties  of  the  United  States  without  regard  to  the  provisions 
of  the  declaration  and  that  the  Government  of  the  United  States 
reserves  to  Itself  the  right  to  enter  a  protest  or  demand  in  every  case 
in  which  the  rights  and  duties  so  defined  are  violated  or  their  free 
exercise  interfered  with  by  the  authorities  of  the  bellijrerent 
governments.  "jjcicui, 


Part  II. 
CONTRABAND   OF   WAR. 


! ;}  ! 


Ambassador  Gerard  to  the  Secretary  of  State. 
[Telegram.] 

American  Embassy, 
T  ^         .  .  Berlin,  September  4,  1914. 

I  repeat  my  August  tenth  a.  m. 

The  Foreign  OflSee  sends  me  a  list  of  the  articles  which  the  Ger- 
T^u  )^^'"'°^°*  intends  to  treat  as  contraband  of  war  in  pursuance 
of  the  German  prize  ordinance  printed  in  Reichsgesetzblatt,  1914 
No.  4.    I  find  the  list  agrees  exactly  with  article  22,=  Nos.  1  to  11,  of 

tion  ItTuB^u''*  *'"''""*''  '*  ^*'  Pete"!""?.  Vienna,  and  Paris,  and  the  lega- 

'  ARTICLE  22  OP  THE  DECLABATIOiV  OP  LONDON. 

,,-rfT!"»K°''°'^'"*  ?"l*^'*f  """y-  *"•"•"*  "°*'«^'  •»  feated  aa  contraband  of  war 
under  the  name  of  absolute  contraband:  ••»"u  «i  w«r 

tinctive  c^mpon^nt^'iar't""''  '"""''""^  "°"  '"'  '""'""^  P"^""""  "<'  »•"•"  <>"■ 
complnent^pam*"*'"  "''"*"'  """^  ^^'^^ridges  of  all  kinda.  and  their  diatinctiw 


THE  UNITED  STATES  AND  GERMANY 


3 


the  Declaration  of  London,  in  respect  of  absolute  contraband  and  to 
article  24,  Nos.  1  to  14,  in  respect  of  conditional  contraband.  The 
German  Government  state  that  the  ordinance  embodies  the  substance 
of  the  Declaration  and  that  they  will  apply  its  provisions  if  they  are 
not  disregarded  by  other  belligerents.  They  request  to  be  informed 
what  attitude  the  other  powers  have  assumed. 

Copies  of  the  ordinance  have  been  mailed  to  you  and  to  the 
London  Embassy.  "  Oekaro. 


[Translation.] 
The  Oerman  Ambassador  to  the  Secretary  of  State. 

Imperial  German  Embassy, 
Washington,  October  22,  1914. 
Mr.  Secretart  or  State  :  I  have  the  honor  to  inform  Your  Excel- 
lency that  the  Imperial  Government  has  declared  copper  and  lead 

(3)  Powder  and  ezploaivea  ipecially  prepared  for  use  in  war. 

(4)  Gun  mounting!,  limber  boxes,  limbers,  military  wagons,  fleld  forget, 
and  their  distinctive  component  parts. 

(5)  Clothing  and  equipment  of  a  distinctively  military  character. 

(6)  All  kinds  of  harness  of  a  distinctive! v  military  character. 

(7)  Saddle,  draft,  and  pack  animals  suitable  for  use  in  war. 

(8)  Articles  of  camp  equipment  and   their  distinctive   component   parts. 

(0)  Armor  plates. 

(10)  Warships,  including  boats,  and  their  distinctive  component  parts  of 
such  a  nature  that  they  van  only  be  used  on  a.  vessel  of  war. 

(11)  Implements  and  apparatus  designed  exclusively  for  the  manufacture  of 
mnnitiona  of  war,  for  the  manufacture  or  repair  of  arms,  or  war  material  for 
use  on  land  or  sea. 

AKTICLE    24   or  THE   DECLABATION   OF    LONDOIT. 

The  following  articles,  susceptible  of  use  in  war  as  well  as  for  purposes  of 
peace,  may,  without  notice,  be  treated  as  contraband  of  war  under  the  name  of 
conditional  contraband: 

(1)  Foodstuffs. 
Forage  and  grain,  suitable  for  feeding  animals. 
Clothing,  fabrics  for  clothing,  and  boots  and  shoes,  suitable  for  use 


(2) 
(3) 

in  war. 
(4) 
(6) 

parti. 
(6) 


Gold  and  silver  in  coin  or  bullion;  paper  money. 

Vehicles  of  all  kinds  available  for  use  in  war,  and  their  component 


Vessels,  craft,  and  boats  of  all  kinds;  floating  docks,  parts  of  docks, 
and  their  component  parts. 

(7)  Railway  material,  both  fixed  and  rolling  stock,  and  material  for  tele< 
graphs,  wireless  telegraphs,  and  telephones. 

(8)  Balloons  and  flying  machines  and  their  distinctive  component  parts, 
together  with  accessories  and  articles  recognizable  as  intended  for  use  in  con- 
nection with  balloons  and  flying  machines. 

(9)  Fuel;  lubricants. 

(10)  Powder  and  explosives  not  specially  prepared  for  use  in  war. 

(11)  Barbed  wire  and  implements  for  fixing  and  cutting  the  same. 

(12)  Horseshoes  and  shoeing  materials. 

(13)  Harness  and  saddlery. 

(14)  Field  glasses,  telescopes,  chronometers,  and  all  kinds  of  nautical  instru- 
menta. 


■' 


r 
I 

Hi 

i  H 


4  DIPLOMATIC  COBBESPONDENCE  BETWEEN 

to  be  conditioiMl  contraband.  In  fonnqnance  thereof  I  beg  Toar 
Excellency  kindly  to  cauie  the  tantoxaa  to  be  publiihed  in  aeoord- 
anee  with  the  "Declaration  of  International  Naral  Conferenee"  of 
Febmary  26,  1909. 

Accept,  etc.,  For  the  Imperial  Ambaiaadar: 

Hamiil. 


Amhaasador  Oerard  to  ihe  Secretary  of  State. 
[Telegram.] 

AlinUOAK  EXBABST, 

Berlin,  November  19,  1914. 
Nineteenth.  Proclamation  of  November  17th  defines  all  rough  or 
unworked  lumber  as  conditional  contraband  under  number  nine  w 
article  twenty-three  of  German  prize  ordinance  because  susceptible  of 
use  as  twl.  Exceptions  are  lignum  vitc,  palisander,  ebony,  and  aiiai- 
lar  woods  and  all  woods  greatly  enhanced  in  value  through  working 
by  band  or  machine. 

Qerabo. 


Amhouador  Oerard  to  the  Secretary  of  State. 

[Telegram.] 

American  Embasst, 
Berlin,  November  23,  1914. 
German  Government  has  added  following  to  list  of  conditional 
contraband : 

No.  17.   Woods  of  all  kinds,  rough  or  worked,  that  is  hewn,  sawed, 
planed,  grooved,  etc. ;  cylinder  tar. 

No.  18.   Sulphur,  crude  or  refined,  and  sulphuric  acid. 

Gerard. 


Ambassador  Oerard  to  the  Secretary  of  State. 

American  Embasbt, 
Berlin,  November  23,  1914. 
Sir:  I  have  the  honor  to  transmit  to  you  herewith  translations  of 
two  notes  received  from  the  imperial  foreign  office  conveying  notifi> 
cation  of  additions  to  the  original  lists  of  articles  regarded  as  contra- 
band by  the  German  Government,  which,  as  reported  in  my  telegram 
of  August  10,  1  p.  m.,  corresponded  in  all  respects  with  articles  22 
and  24  of  the  Declaration  of  London. 

I  have,  etc.  James  W.  Gerard. 


THE  UNITED  STATES  AND  QEBMANT  5 

[IndoMN  1— Tmniatimi.] 

NOTC  VUBALC. 

In  Mipplement  to  ita  note  verbale  of  Au(uat  6,  1914,  IIIa.922a, 
th«  foreign  oiRce  hu  the  honor  to  inform  the  embany  of  the  United 
States  of  America  that  during  the  present  hostilities  the  following 
materials  will  be  considered  as  conditional  contraband  by  Germany 
in  addition  to  the  articles  and  materials  designated  under  No.  11, 
1-14: 

15.  Copper  (unworked)  and 

16.  Lead  in  blocks,  plates  or  tubes. 

The  foreign  office  begs  that  the  embassy  of  the  United  States  of 
America  will  kindly  inform  its  Government  of  the  above  as  soon  as 
possible. 

Berlin,  October  22,  1914. 


[Inclosure  2— Translation.] 

NOTE  VintBALE. 

In  supplement  to  its  notes  verbales  of  August  6, 1914,  and  October 
22,  1914,  IIIa.9222  and  17064,  the  foreign  office  has  the  honor  to 
inform  the  embassy  of  the  United  States  of  America  that  during  the 
present  hostilities  the  following  will  be  considered  by  Germany  as 
conditional  contraband  in  addition  to  the  articles  and  materials  desig- 
nated under  11, 1-16 : 

17.  Woods  of  all  kinds,  rough  or  treated  (in  particular  hewn, 
sawed,  planed,  grooved),  charcoal  cylinder  tar. 

18.  Sulphur,  crude  or  refined,  sulphuric  acid. 

The  foreign  office  begs  that  the  embassy  will  kindly  notify  its 
Government  of  the  above  as  soon  as  possible. 
Berlin,  November  23,  1914. 


Ambassador  Oerard  to  the  Secretary  of  State. 

American  Embasst, 
Berlin,  December  3,  1914. 
S»:  With  reference  to  my  dispatch  No.  280,  dated  November  23, 
1914,  I  have  the  honor  to  transmit  to  you  herewith  a  copy,  in  trans- 
lation, of  a  note  received  from  the  imperial  German  foreign  office, 
dated  November  30,  1914,  in  reply  to  an  inquiry  addressed  by  me  to 


"I 


It 


6  DIPLOMATIC  C0BBE8P0NDENCE  BETWEEN 

the  foreign  office  to  atcertain  whether  Oermaojr  rcftrdi  qmbrtcho 
wood  in  log!  h  contraband  of  war.  It  appcan  from  the  note  of  the 
foreign  office  that  quebracho  wood  is  held  by  the  German  Oovern* 
ment  to  fall  under  the  order  of  the  imperial  chancellor  of  November 
28,  1914,  and  to  be  conaidered  as  conditional  contraband. 

I  have,  etc.  Jamu  W.  Odubd. 


Ill 


Is 


[Incloaure — Trantlation.] 


NOTE  VEBBAU;. 


The  foreign  office  has  the  honor  to  inform  the  embaaay  of  the 
United  Statei  of  America,  in  reply  to  the  note  verbale  of  the  20th 
initant  (F.  0.  No.  1165),  that  quebracho  wood  is  not  to  be  con- 
sidered as  fuel  within  the  meaning  of  article  23,  No.  9,  of  the  German 
prize  ordinance,  nor  to  be  deemed  contraband  for  this  reason. 

However,  by  an  order  of  the  imperial  chancellor,  dated  November 
23,  1914,  ReickageteUblatt,  p.  481,  all  kinds  of  woods  have  been 
expressly  declared  to  be  conditional  contraband,  and  quebracho  wood 
in  logs  is  included  in  such  declaration. 

Berlin,  November  30,  1914. 


Ambassador  Oerard  to  the  Secretary  of  State. 

American  EuBAsaT, 
Berlin,  December  8,  1914. 
SiB:  With  reference  to  the  department's  cable,  No.  749,  of  Decem- 
ber 3,  1914,  and  to  my  dispatch,  No.  280,  of  November  23,  1914, 
1  have  the  honor  to  transmit  to  you  herewith  three  copies  of  the 
Reichsgesetzblatt,  1914,  No.  101,  containing  the  proclamation  of  the 
German  Government  relative  to  the  treatment  of  wood,  cylinder  tar, 
sulphur,  and  sulphuric  acid  as  conditional  contraband. 

I  have,  etc.  James  W.  Gerabd. 


II 


[  Inclosure — Translation.] 
Reichsgesetzblatt.    Year  1914.    No.  101. 

(No.  4549.).  Addition  to  the  prize  ordinance  of  September  30, 
1909  (Reichsgesetzblatt,  1914,  p.  275),  of  November  23.  1914. 

I  hereby  prescribe  in  addition  to  the  ordinance  of  October  18, 
1914  (Reichsgesetzblatt,  p.  441),  that  in  the  prize  list  of  September 


THE  UNITED  STATES  AND  OER&IANV  T 

30,  1909,  undtr  the  numeral  23,  the  following  two  further  numbers 
be  lubjoined: 

17.  Woods  of  every  kind,  in  ugl.  or  manufactured  (espe- 
cially also  cut,  sawn,  pinned,  groc  wood-tar. 

18.  Sulphur,  ruw  or  refined,  sulphuric  acid. 
Berlin,  fim'tmbrr  23,  1914. 

Vice  Imperial  Chancellor,  DclbrUck. 


Amba$tador  Oerard  to  the  Secretary  of  State. 

Amfrican  Embassy, 
Berlin,  December  15,  1914. 
Sir  :  With  reference  to  my  telegram  of  even  date,  I  have  the  honor 
to  transmit  to  you  herewith  five  copies  of  a  proclamation  of  the  Ger- 
man Government,  dated  December  14,  1914,  declaring  aluminum  and 
nickel  to  be  conditional  contraband.  A  translation  of  the  proclama- 
tion is  likewise  appended. 

I  have,  etc.  James  W.  Gerard. 


[Inclosure  1 — Translation.] 

Reichsgeseizblatt,  1914.    No.  112. 

Supplement  to  the  prize  ordinance  of  September  30,  1909.     {Reicht- 
gesetzblatt,  1914,  p.  275.) 

In  supplemeni  to  the  order  of  November  23,  1914  (Reichsgesetz- 
bltttt,  p.  481),  I  hereby  order  that  the  following  two  numbers  shall 
be  added  to  article  23  of  the  prize  ordinance  of  September  30,  1909: 

19.  Aluminum. 

20.  Nickel. 

Berlin,  December  14,  1914. 
Vice  the  Imperial  Chancellor, 

(Signed)  Delbruck. 


[Inciosure  2 — Translation.] 


NOTE  VERBALE. 


The  foreign  office  has  the  honor  to  inform  the  embassy  of  the 
United  States  of  America,  in  supplement  to  the  notes  verbales  of 
August  6,  October  22,  and  November  23,  1914,  Nos.  IIIa.9222,  i"'064, 


'I- 


ll^' 


8 


DIPLOMATIC  COBBESPONDBNCE  BETWEEN 


and  19785  that  dnnng  the  present  hostilities  the  following  articles 
will  be  considered  as  conditional  contraband  by  Germany,  in  addition 
to  those  recited  in  the  notes  verbales  mentioned,  Nos.  1-18- 

19.  Aluminum. 

20.  Nickel. 

The  Foreign  Office  begs  that  the  Embassy  would  be  good  enough 
to  inform  its  Government  of  the  above  as  soon  as  possible 
Berlin,  December  14,  1914. 


Ambassador  Oerard  to  the  Secretary  of  State. 

AuERicAN  Embassy, 
Berlin,  April  26,  1915. 
Sir:  With  reference  to  my  telegram  No.  2097,  dated  April  21, 
1915,  I  have  the  honor  to  transmit  to  you  herewith  five  copies  of 
Reichsgesetzblatt,  1915,  No.  49,  with  translation,  containing  the  modi- 
fications and  amendments  of  the  German  prize  ordinance  recently 
promulgated. 

I  have,  etc.,  James  W.  Gerard. 


■r'l- 


if 


b 


fi 


[Translation.] 

Reichsgesetzblatt,  1915.    No.  49. 

Ordinance  relative  to  amendments  of  the  prize  ordinance  of 
September  30,  1909. 

In  retaliation  of  the  regulations  adopted  by  England  and  her 
allies,  deviating  from  the  London  declaration  of  maritime  law  of 
February  26,  1909,  I  approve  of  the  following  amendments  of  the 
prize  ordinance  of  September  30,  1909,  and  of  its  supplements,  dated 
October  18,  November  23,  and  December  14,  1914,  for  the  period  of 
the  present  war. 

Articles  21,  23,  27,  33,  35,  40,  and  the  additions  to  article  23 
shall  be  replaced  by  the  following  provisions: 

Article  21.  The  following  articles  and  materials,  designated 
absolute  contraband,  shall  be  considered  contraband  of  war: 

.  1-  ■^™s  of  all  kinds,  including  arms  for  sporting  purposes,  and 
their  distinctive  component  parts. 

2.  Projectiles,  charges,  and  cartridges  of  all  kinds,  and  their 
distinctive  component  parts. 

3.  Powder  and  explosives  of  all  kinds. 

4.  Cannon  barrels,  gun  mountings,  limber  boxes,  limbers,  field 
kitchens  and  bakeries,  supply  "vagons,  field  forges,  searchlights  and 
searchlight  accessories,  and  th  ir  distinctive  component  parts. 


Li- 


THE  UNITED  STATES  AND  GERMANY 


5.  Range  finders  and  their  distinctive  component  parts. 

6.  Field  glasses,  telescopes,  chronometers,  and  all  kinds  of  nauti- 
cal instruments. 

7.  Clothing  and  equipment  of  a  distinctively  military  character. 
Saddle,  draft,  and  pack  animals  suitable  for  use  in  war. 
All  kinds  of  harness  of  a  distinctively  military  character. 
Articles  of  camp  equipment  and  their  distinctive  c(»nponent 


8. 

9. 
10. 
parts. 
11. 
12. 
13. 
14. 
15. 


Armor  plates. 

Lead,  pig,  sheet,  or  pipe. 

Barbed  wire,  and  implements  for  fixing  and  cutting  the  same. 

Tinplate. 

Warships,  oiclnding  boats  and  their  distinctive  component 
parts  of  such  a  nature  that  they  can  only  be  used  on  a  vessel  of  war ; 
ship  plates  and  construction  steel. 

16.  Submarine  sound  signaling  apparatus. 

17.  Aeroplanes,  Mrships,  balloons,  and  aircraft  of  all  kinds,  and 
their  distinctive  component  parts,  together  with  accessories,  articles 
and  materials,  recognizable  as  intended  for  use  in  connection  with 
balloons  and  aircraft. 

18.  Implements  and  devices  designed  exclusively  for  the  manu- 
facture and  repair  of  arms  and  munitions  of  war. 

19.  Lathes  of  all  kinds. 

20.  Mining  lumber. 

21.  Coal  and  coke. 

22.  Flax. 

Article  23.  The  following  articles  and  materials  suitable  for 
warlike  as  well  as  for  peaceful  purposes,  coming  under  the  designa- 
tion of  conditional  contraband,  shall  be  considered  as  contraband  of 
war: 

1.  Foodstuffs. 

2.  Forage  and  all  kinds  of  feeding  stuffs. 

3.  Clothing,  fabrics  for  clothing,  and  boots  and  shoes,  suitable 
for  use  in  war. 

4.  Wool  from  animals,  raw  or  dresaed,  together  with  woolen 
carded  yams,  and  worsted  yarns. 

5.  Gold  and  silver,  in  coin  or  bullimi ;  paper  money. 

6.  Vehicles  of  all  kinds,  especially  all  motor  vehicles  available 
for  use  in  war,  and  their  component  parts. 

7.  Rubber  tires  for  motor  vehicles,  together  with  all  articles  or 
materials  especially  used  in  the  manufacture  or  repair  of  rubber  tires. 

8.  Rubber  and  gutta-percha,  together  with  goods  made  thoreof. 

9.  Railway  materials,  both  fixed  and  rolling  stock,  and  materials 
for  telegraphs,  wireless  telegraphs,  and  telephones. 

10.  Fuel,  excepting  coal  and  coke ;  lubricants. 

11.  Sulphur,  sulphuric  acid,  nitric  acid. 

12.  Horseshoes  and  shoeing  materials. 

13.  The  following  ores :  Wolframite,  scheclite,  molybdenite,  nickel 
<Hre,  chrome  ore,  hematite  ir(m  ore,  manganese  ore,  lead  ore. 


10 


ft 


I ! ' 


i  : 


1  ■  i 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


14.  The  following  metals:  Wolfram,  molybdenum,  vanadium, 
nickel,  selenium,  cobalt,  haematite  pig  iron,  manganese,  aluminum! 
copper. 

15.  Antimony,  together  with  the  sulphides  and  oxides  of  antimony. 

16.  Ferro  alloys,  including  ferrowolfram,  ferromolybdenum,  fer- 
romanganese,  ferrovanadium,  ferrochrome. 

17.  Harness  and  saddlery. 

18.  Leather,  treated  and  untreated,  when  suitable  for  saddlery, 
harness,  military  boots  or  military  clothing. 

19.  Tanning  materials  of  all  kinds,  including  extracts  used  in 
tanning. 

20.  All  kinds  of  lumber,  rough  or  treated,  especially  hewn,  sawed, 
planed,  fluted,  excepting  mining  lumber,  tar  of  charcoal. 

21.  Vessels,  craft,  and  boats  of  all  kinds,  floating  docks,  parts  of 
docks,  and  their  component  parts. 

The  following  articles  can  not  be  declared  contraband  of  war: 

1.  Raw  cotton,  raw  silk,  raw  jute,  raw  hemp. 

2.  Resin,  lacks,  hops. 

3.  Raw  skins,  horns,  bones,  and  ivory. 

4.  Natural  and  artificial  fertilizers. 

5.  Earth,  clay,  lime,  chalk;  stones,  including  marble;  bricks 
slates,  and  roofing  tiles.  ' 

6.  Porcelain  and  glass. 

7.  Paper,  and  the  materials  prepared  for  its  manufacture. 

8.  Soap;  paints,  including  the  materials  exclusively  used  for 
their  manufacture,  and  varnish. 

9.  Chloride  of  lime,  soda,  caustic  soda,  sulphate  of  soda  in  cakes, 
ammonia,  sulphate  of  ammonia,  and  copper  sulphate. 

10.  Machines  for  agriculture,  for  mining,  for  the  textile  industry 
and  for  printing. 

11.  Precious  stones,  fine  stones,  pearls,  mother-of-pearl,  and  corals. 
Clocks,  standing  clocks  and  watches,  excepting  chronometers 
Fashion  and  fancy  goods. 
Feathers  of  all  kinds,  hair  and  bristles. 
Furniture  and  decorative  articles,  oflSce  furniture  and  require- 


12 
13 
14 
15 
ments. 


Article  33.  In  the  absence  of  conditions  to  the  contrary  the 
hostile  destination  referred  to  in  article  32  is  to  be  presumed  when 
(A)  the  goods  are  consigned  to  an  enemy  authority  or  the  agent  of 
such  or  to  a  dealer  shown  to  have  supplied  articles  of  the  kind  in 
question  or  products  thereof  to  the  armed  forces  or  the  administrative 
authorities  of  the  enemy  state;  (B)  the  goods  are  consigned  to  order 
or  the  ship  s  papers  do  not  show  who  is  the  consignee  or  the  goods 
are  consigned  to  a  person  in  territory  belonging  to  or  occupied  by 
the  enemy;  (C)  the  goods  are  destined  for  an  armed  place  of  the 
enemy  or  a  place  serving  as  a  base  of  operations  or  supplies  to  the 
armed  forces  of  the  enemy. 

Merchant  vessels  themselves  are  not  to  be  considered  as  destined 
for  the  armed  forces  or  the  administrative  authorities  of  the  enemy 


THE  UNITED  STATES  AND  GERMANY 


U 


solely  for  the  reason  that  they  are  found  en  route  to  one  of  the  placet 
referred  to  under  letter  C. 

Abticle  35.  Articles  of  conditional  contraband  are  liable  to  seiz- 
ure only  on  a  vessel  en  route  to  territory  belonging  to  or  occupied  by 
the  enemy  or  to  the  armed  forces  of  the  enemy,  and  such  vessel  is 
not  intended  to  unload  these  articles  in  an  intermediate  neutral  port 
— that  is  to  say,  in  a  port  at  which  the  vessel  is  to  call  previous  to 
reaching  the  ultimate  destination  designated. 

This  paragraph  shall  not  apply  if  the  conditions  provided  in 
article  33,  letter  B,  are  present  or  if  the  vessel  is  bound  for  a  neutral 
country  with  regard  to  which  it  is  shown  that  the  enemy  government 
draws  articles  of  the  kind  in  question  from  that  country. 

Article  40.  A  vessel  can  not  be  captured  on  the  ground  of  an 
already  completed  voyage  carrying  contraband.  If,  however,  the 
vessel  carried  contraband  to  the  enemy  contrary  to  the  indications  of 
the  ship's  papers,  it  shall  be  liable  to  capture  and  condemnation  until 
the  end  of  the  war. 

This  ordinance  shall  take  effect  the  day  of  its  promulgation. 

Chief  Headquarters,  April  18,  1915. 

[L.8.]  (Signed)  Wilhelm. 

V.  TiKPlTZ. 


Part  III. 


(i 


MINE  AREAS. 
Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram — Paraphrase.] 

American  Ehbasst, 
Berlin,  August  7,  1914. 
Mr.  Gerard  reports  that  he  is  informed  by  the  German  Foreign 
Office  that  German  ports  are  strewn  with  mines,  and  it  is  requested 
that  timely  warning  be  given  shippers  against  navigating  in  ports 
which  foreign  forces  might  use  as  bases. 


The  Oerman  Ambassador  to  the  Secretary  of  State. 


[Translation.] 

German  Embassy, 
New  York,  September  10,  1914. 

Mr.  Secretary  of  State: 

By  direction  of  my  Covemment  I  have  the  honor  respectfully  to 
bring  the  following  to  Your  Excellency 's  knowledge. 

No  foundation  for  idea  prevalent  among  neutrals  abroad  that 


M 


12  DIPLOMATIC  COBBESPONDENCE  BETWEEN 

beeanae  of  the  blockade  of  Qerman  ports  aea  trade  with  Germany  is 
tied  np.  No  port  is  blockaded  and  nothing  stands  in  the  way  of 
neatral  states'  sea  trade  with  Qoinany. 

The  assertions  from  Enf^and  that  the  North  Sea  has  been  infested 
with  mines  by  Germany  are  wrong. 

Neutral  vessels  bound  for  Qerman  ports  in  the  North  Sea  must 
steer  by  day  for  a  point  10  nautical  miles  N.  W.  off  Helgoland.  There 
will  German  pilots  be  found  in  readiness  to  pilot  the  ships  into  port 

Neutral  vessels  must  saU  direct  for  Baltic  seaports,  every  one  of 
which  has  ,  ilots. 

The  prohibition  of  coal  export  does  not  include  bunker  coal  and 
coaling  IS  assured. 

Accept,  etc.,  j.  Beriwtobff. 


Amlmtador  W  H.  Page  to  the  Secretary  of  State. 

American  Embassy, 
London,  September  28,  1914. 
Sib:  i  have  the  honor  to  transmit  herewith  a  protest  made  by  the 
British  Government  against  the  methods  pursued  by  the  German 
Navy  in  laying  mines  in  the  North  Sea. 

This  protest  was  inclosed  to  me  by  His  Majesty's  Secretary  of 
State  for  Foreign  Affairs,  in  a  communication  requesting  that  it  be 
forwarded  to  the  Government  of  the  United  States. 

I  have,  etc.,  Walter  Hines  Page. 


lit 

■  I 
I 


': 


[Indosure.] 

His  Majesty's  Government  consider  it  their  duty  to  bring  before 
the  notice  of  the  United  States  Government  the  practice  which  is 
being  pursued  by  the  German  naval  authorities  in  laying  mines  on 
the  high  seas  on  the  trade  routes,  not  only  to  British  but  to  neutral 
ports,  and  in  furtherance  of  no  definite  military  operation.  His  Maj- 
esty 8  Government  have  reason  to  think  that  fishing  vessels,  possibly 
disguised  as  neutral,  are  employed  for  the  purpose,  and  lay  these 
mines  under  the  pretense  of  following  the  ordinary  avocations  of 
fishing  Mines  have  been  found  in  several  cases  as  much  as  50  miles 
from  the  coast. 

This  practice  has  already  resulted,  since  the  commencement  of  the 
war,  in  the  destruction  of  eight  neutral  and  seven  British  merchant 
and  fishinR  vessels,  so  far  as  at  present  ascertained,  with  the  loss 
of  some  sixty  lives  of  neutral  and  noncombatant  persons. 


SJ 


THE  TTNITED  STATES  AND  GEBMANT 


18 


The  practice  of  laying  mines  indiscriminately  and  in  large  nam- 
bers  on  high  seas,  entirely  regardless  of  the  dangers  to  peaoefol 
shipping,  is  in  flagrant  violation  of  the  accepted  principles  of  inter- 
national law  and  contrary  to  the  primary  dictates  of  humanity.  It  is 
also  in  direct  contradiction  with  the  language  of  Baron  Marschall 
von  Bieberstein,  who,  as  First  German  delegate  at  the  Peace  Con- 
ference of  1907,  spoke  as  follows : ' '  We  do  not  intend,  if  I  may  employ 
an  expression  used  by  the  British  delegate,  'to  sow  mines  in  pro- 
fusion on  every  sea.'  .  .  .  We  do  not  hold  the  opinion  that  every- 
thing which  is  not  expressly  forbidden  is  permitted." 

The  freedom  of  the  seas  for  peaceful  trading  is  an  established 
and  universally  accepted  principle;  this  fact  has  never  been  more 
clearly  recognized  than  in  the  words  of  the  report  of  the  third  Com- 
mittee of  the  Second  Peace  Conference,  which  dealt  with  the  question 
of  submarine  contact  mines :  ' '  Even  apart  from  any  written  stipula- 
tion it  can  never  fail  to  be  present  in  the  minds  of  all  that  the 
principle  of  the  liberty  of  the  seas,  with  the  obligations  which  it 
implies  on  behalf  of  those  who  make  use  of  this  way  of  communica- 
tion open  to  the  nations,  is  the  indisputable  prerogative  of  the  human 
race." 

This  principle  received  further  recognition  in  the  3rd  article  of 
the  Convention  relating  to  the  laying  of  submarine  contact  mines : 

"When  anchored  automatic  contact  mines  are  employed,  every 
possible  precaution  must  be  taken  for  the  security  of  peaceful 
shipping. 

"The  belligerents  undertake  to  do  their  utmost  to  render  these 
mines  harmless  after  a  limited  time  has  elapsed,  and,  should  the 
mines  cease  to  be  under  observation,  to  notify  the  danger  zones  as 
soon  as  military  exigencies  permit,  by  a  notice  to  mariners,  which 
must  also  be  communicated  to  the  Governments  through  the  diplo- 
matic channel." 

Not  only  have  the  German  Government  neglected  to  take  every 
possible  precaution  for  the  safety  of  neutral  shipping,  but  they  have, 
on  the  contrary,  deliberately  and  successfully  contrived  to  sow  danger 
in  its  track.  The  mined  zones  have  not  been  kept  under  observation 
nor  has  any  notification  of  their  locality  ever  been  made.  The  pro- 
visions of  this  article,  which  the  German  Government  are  pledged 
to  observe,  have  therefore  been  violated  in  three  distinct  ways. 

Article  1.  Section  2,  of  the  same  convention  has  equally  been 
violated  by  the  German  Government,  for  the  mines  which  they  have 
laid  have  in  numerous  instances  been  found  adrift  from  their  moor- 
ings without  having  become  harmless.  Yet  the  German  Government 
made  no  reservation  respecting  this  article  either  when  signing  or 
ratifying  the  Convention. 

The  degree  of  respect  with  which  the  German  Government  treat 
their  written  pledges,  and  the  pledges  given  verbally  in  their  name 
by  their  representatives,  is  sufficiently  apparent  from  what  is  stated 


VI 


Hii 


14  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

above.  It  is  broaght  into  yet  higher  relief  in  the  light  of  the  fol- 
lowing statement  made  by  Baron  Marschall  before  the  third  Committee 
of  the  last  Peace  Conference,  and  repeated  by  him  in  full,  and  with 
added  emphasis,  at  the  8th  plenary  meeting  of  the  Conference : 

"A  belligerent  who  lays  mines  assumes  a  very  heavy  responsibility 
toward  neutrals  and  peaceful  shipping.  ...  No  one  will  resort  to 
such  means  unless  for  military  reasons  of  an  absolutely  urgent  char- 
acter. But  military  acts  are  not  governed  solely  by  principles  of 
international  law.  There  are  other  factors:  conscience,  good  sense, 
and  the  sentiment  of  duty  imposed  by  principles  of  humanity  will  be 
the  surest  guides  for  the  conduct  of  sailors,  and  will  constitute  the 
most  effective  guarantee  against  abuses.  The  officers  of  the  German 
Navy,  I  emphatically  affirm,  will  always  fulfill,  in  the  strictest  fashion, 
the  duties  which  emanate  from  the  unwritten  law  of  humanity  and 
civilization." 

His  Majesty's  Government  desire  to  place  on  record  their  strong 
protest  against  the  illegitimate  means  of  conducting  warfare  which 
has  been  resorted  to  by  their  adversaries.  They  feel  that  its  manifest 
inhumanity  must  call  down  upon  its  authors  the  censure  and  reproba- 
tion of  all  civilized  peoples. 
Foreign  Office, 

September  26,  1914. 


■'  4 
; 


Ambassador  Oerard  to  the  Secretary  of  State. 

American  Ehbasst, 
Berlin,  November  13, 1914. 
Sir  :  With  reference  to  my  cipher  telegram  No.  823,  dated  Novem- 
ber 12,  1914,'  I  have  the  honor  to  transmit  to  you  herewith  a  copy 
in  translation  of  the  reply  of  the  German  Government  to  the  protest 
of  the  British  Government  against  the  laying  of  German  mines. 
I  have,  etc.,  Jakes  W,  Gerard. 


4-i 


[Inclosure— Translation.] 

REPLY  OF  THE  GERMAN  GOVERNMENT  TO  THE  PROTEST  OF  THE  BRITISH 
GOVERNMENT  AGAINST  THE  LAYING  OF  GERMAN  MINES. 

It  has  been  brought  to  the  knowledge  of  the  German  Government 
that  the  British  Government  addressed  a  Note  to  the  neutral  Powers 

'Not  printed:  gives  purport  of  inclosure  herewith. 


THE  UNITED  STATES  AND  GERMANY 


15 


under  date  September  20th,  1914,  protesting  against  the  laying  of 
German  mines.  It  is  asserted  in  the  protest  that  the  mines  were  laid 
in  a  way  contrary  to  international  law  and  in  forbidden  localities; 
that  they  were  not  suflPciently  anchored  or  under  proper  ob«ervance ; 
and  were  not  notified  to  the  neutrals  in  accordance  with  rule.  Fur- 
thermore attention  is  called  to  the  declarations  of  the  first  German 
delegate  at  the  Second  Hague  Peace  Conference  which  are  in  con- 
tradiction with  such  practice  and  likewise  to  the  deliberate  injury 
to  neutral  trade  which  Germany's  action  on  the  open  sea  is  alleged 
to  involve. 

The  German  Government  makes  the  following  reply  to  tiiis  protest : 

I. 

In  condemning  the  alleged  German  practice  the  British  Govern- 
ment relies  on  the  8th  Bague  Convention  of  October  18th,  1907, 
relative  to  the  laying  of  automatic  submarine  contact  mines.  It  over- 
looks the  fact  that  under  Article  7  of  this  Convention  its  provisions 
do  not  apply  unless  all  the  belligerents  are  parties  to  the  Convention. 
Now  Russia,  which  is  allied  with  England,  has  not  ratified  the  Agree- 
ment ;  it  is  therefore  not  binding  by  international  law  on  any  of  the 
participants  in  the  present  war. 

Nevertheless  the  German  Government  has  voluntarily  held  itself 
bound  by  its  provisions,  with  the  exception  of  Article  2,  with  regard 
to  which  France  as  well  as  Germany  made  express  reservations.  The 
assertion  of  the  British  Government  that  these  provisions  have  been 
violated  by  Germany  is  emphatically  denied. 

II. 

To  firstly  the  British  Government  finds  it  a  breach  of  international 
law  that  the  German  mines  were  apparently  laid  by  fishing  vessels, 
possibly  under  neutral  flag,  under  the  pretense  of  following  the  ordi- 
nary peaceable  avocations  of  fishing.  This  assertion  is  incorrect  and 
an  invention;  the  German  mines  were  laid  exclusively  by  German 
warships. 

2.  The  British  Government  complains  that  German  mines  were 
laid  as  far  as  50  miles  from  the  British  coast  and  not  only  on  British 
but  neutral  trade  routes.  The  Convention  does  not  stipulate  how  far 
from  the  coast  and  ports  of  an  enemy  mines  may  be  anchored,  and 
there  is  no  established  practice  in  this  respect  in  international  law ; 
moreover  the  English  statement  of  the  distance  of  the  German  mines 
from  the  menaced  coast  is  much  exaggerated.  The  mines  have  been 
laid  as  close  as  the  conditions  of  the  anchoring  grounds  and  the  char- 
acter of  the  coast  permitted.  The  assertion  that  neutral  trade  routes 
have  been  blocked  is  untrue ;  no  German  mines  have  been  laid  in  any 
trade  route  from  the  high  seas  to  a  neutral  port. 

3.  The  British  Protest  maintains  further  that  in  numerous  cases 
Gwrman  mines  were  found  adrift  without  having  become  harmless. 


If 


DIPLOMATIC  COBBESPONDENCE  BETWEEN 


The  anchoring  of  mine*  by  Germany  baa  been  carried  ont  with  all 
poasiUe  pree&ution.  If  some  have  drifted  from  their  moorings  in 
consequence  of  currents  or  storms  their  number  is  certainly  much 
smaller  than  that  of  mines  laid  by  England  which  have  drifted  ashore 
on  the  Belgian  and  Dutcli  coasts  and  have  caused  damage  there 
through  their  undiminished  explosive  power. 

4.  The  obligation  of  keeping  mines  under  surveillance  whieh  the 
British  Qovemment  complains  has  been  violated  can  naturally  be 
enjoined  upon  a  belligerent  only  as  long  as  he  retains  eominand 
over  that  part  of  the  scat  of  war  where  he  has  laid  mines  in  a  man- 
ner permitted  by  international  law.  As  a  rule,  therefore,  this  obliga- 
tion will  apply  only  to  defensive  mines  but  not  to  offensive  mines. 
When  a  belligerent  has  properly  laid  offensive  mines  and  has  duly 
notified  their  laying  he  is  relieved  of  all  further  responsibility. 

5.  In  the  British  protest  the  charge  is  made  that  the  Oerman 
Government  never  issued  any  proclamation  as  to  the  places  where 
mines  were  laid.  This  charge  is  not  founded  in  fact.  On  August 
7Ui,  1914,  the  Oerman  Government  communicated  to  all  the  neatral 
powers  that  the  trade  routes  to  English  ports  would  be  elosed  by 
mines  by  Germany.  Neutral  shipping  was  therefore  notified  of  the 
fact  of  the  laying  of  the  mines  and  the  zones  where  it  had  to  look 
out  for  German  mines.  If  the  German  Government  did  not  give 
the  exact  situation  of  the  various  mines  this  may  well  be  understood 
irom  the  oonditions  which  forced  the  laying  of  the  mines. 


III. 

The  volume  of  strong  words  and  moral  indignation  with  which 
the  British  protest  denounces  the  German  Government  to  the  neutral 
powers  is  not,  therefore,  justified  at  all  by  Germany's  practice.  This 
protest  is  plainly  nothing  but  a  cloak  to  cover  up  the  serious  viola- 
tions of  existing  international  law  laid  down  in  the  Declaration  of 
London,  indulged  in  by  England  and  a  pretext  to  prepare  public 
opinion  for  the  closing  of  the  North  Sea,  contrary  to  international  law, 
whieh  has  since  taken  place  and  is  equivalent  in  its  economic  impor- 
tance to  a  blockade  of  neutral  coasts,  in  view  of  these  facts  it  is 
doubly  remarkable  that  the  British  Government  constitutes  itself 
the  advocate  of  the  "established  and  generally  accepted  principle  of 
the  freedom  of  the  seas  for  peaceful  trade."  Obviously  in  the  eyes  of 
England  which  is  at  war  the  only  peaceful  trade  is  that  neutral  trade 
which  brings  goods  to  E  inland,  but  not  that  which  carries  or  might 
carry  goods  to  her  opponents. 

The  German  Government  is  convinced  that  the  continual  violation 
of  neutral  trade  by  England  will  everywhere  place  the  British  protest 
in  its  true  light.  The  German  Government  is  satisfied  that  for  its 
part,  in  taking  the  measures  required  by  military  exigency,  it  has 
:  duced  as  far  as  possible  risk  or  injury  to  neutral  shipping,  and  has 
strictly  followed  the  rules  hitherto  applied  by  civilized  nations  to 


THE  UNITED  STATES  AND  GERMANY 


17 


nuBritime  warfare.  On  the  other  hand,  the  infringement  of  vital 
neutral  interests  by  Endland  is  capable  of  justiflcation  by  no  mili- 
tary exigency,  since  it  has  no  connection  with  any  military  opera- 
tions and  is  merely  intended  to  strike  at  the  economic  system  of  the 
adversary  by  crippling  legitimate  neutral  trade.  This  fundamental 
disregard  of  the  very  freedom  of  the  seas  which  it  has  invoked  deprives 
the  British  Government  of  any  right  to  appear  as  the  advocate  of  this 
freedom  in  the  question  of  the  laying  of  mines,  which  is  far  less  in- 
jurious to  neutrals. 

Berun,  November  7,  1914. 


Ambassador  Gerard  to  the  Secretary  of  State. 

American  Embassy, 
Berlin,  November  17,  1914. 
Sir  :  With  reference  to  your  cable  No.  .598 '  of  November  9,  1914, 
and  my  reply  No.  850  -  of  November  16,  I  have  the  honor  to  transmit 
to  you  herewith  a  copy  in  translation  of  a  communication  received 
from  the  Imperial  Foreign  Office,  dated  November  14,  1914,  relative 
to  the  regulations  for  navigation  in  the  German  bay  of  the  North  Sea. 
Two  copies  of  the  publication,  entitled  Naclirichten  fur  Sccfahrer, 
in  which  these  regulations  are  printed,  are  likewise  inclosed. 
I  have,  etc.  James  W.  Oerard. 


[Inelosure — Translation.] 

The  Foreign  Office  has  the  honor  to  inform  the  Embassy  of  the 
United  States  of  America  in  reply  to  the  Note  Verbale  of  12th  instant, 
F.  O.  No.  1078,  that  the  following  are  the  material  regulations,  gov- 
erning navigation  in  the  German  Bay  of  the  North  Sea: 

1.  Steamships  are  permitted  to  make  for  the  German  coast,  to 
enter  or  leave  the  mouths  of  rivers  only  from  sunrise  to  sunset, 
and  in  clear  weather.  Ships  attempting  to  point  for  the  coast  in  the 
dark,  in  foggy  or  thick  weather,  run  the  risk  of  being  shot  at. 

2.  All  commercial  steamers  bound  for  the  Eider,  Elbe,  Wcser 
and  Jade  must  first  point  for  the  Listertief-Buoy ;  those  bound  for 
the  Ems  should  make  directly  for  its  mouth. 

3.  In  the  interest  of  the  safety  of  the  ships,  a  pilot  is  obligatory 
from  the  Listertief-Bnoy. 

4.  If  ships  cannot  obtain  pilots,  on  account  of  bad  weather  or 


'  Not  printed. 


>«'  '  printed;  gives  substance  of  inclorare  herewith. 


18 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


;: 


^■1 


S   'iih 


.  M 


for  other  rcMona,  they  mnit  either  anchor  or  pnt  out  to  w»  rgain. 

The  approximate  location  of  the  Liitertief-Buoy  ia  55*  3H' 
North.  8'  17H'  Eaat. 

For  the  reat  reference  made  to  iaaue  No.  59  of  the  Nachricl.en 
fiir  Setfakrer  of  4th  instant,  pages  1006  and  1007,  two  copiea  of 
which  are  attached.' 

American  ahipping  interests  can  obtain  any  further  information 
from  the  Nachrickten  fur  Seefahrer  which  ia  accessible  to  them. 

Bebun,  November  14, 1914. 


NACHRICHTZN  FUR  SEEFAHRER. 

No.  52— Berlin,  1  October,  1914.    P.  1006. 

III.     NORTH  SEA. 

3093/14— German  Bay  (Deutsche  Bucht).    Sailing  regulations. 
H.  9342.    November  4,  1914. 

Supplementing  N.  P.  S.— 2770  the  following  directions  are  issued 
for  the  regulation  of  navigation  in  the  Deutsche  Bucht  of  the  North 
Sea. 

1.  Steamers  may  not  steer  for  tVe  German  Coast,  sail  in  or  out  of 
the  mouths  of  rivers  except  between  sunrise  and  sunset  and  then  in 
clear  weather  only.  Vessels  which  attempt  to  make  way  in  darkness, 
fog  or  dim  weather  are  liable  to  be  fired  on. 

2.  All  merchant  steamers  bound  for  the  Eider,  the  Elbe,  the  Weser 
and  the  Jade  must  first  head  for  the  Listertief  steerage  buoy.  Those 
bound  for  the  Ems  make  directly  for  that  river. 

3.  Prom  the  Listertief  buoy  on  in  the  very  interest  of  the  ship's 
safety  unconditionally  obligatory  pilot  8er\-ice  is  proscribed.  Pilots 
will  be  furnished  from  the  pilot  steamer  lying  there.  The  pilot's 
directions  are  to  be  followed  unconditionally  Whoever  fails  to  do  so  or 
attempts  to  steer  from  the  German  Bay  without  a  pilot  incurs  great 
danger. 

4.  If  on  account  of  bad  weather  or  other  causes  the  ships  cannot  get 
a  pilot  they  must  drop  anchor  or  put  back  to  sea. 

5.  Outgoing  steamers  receive  their  pilots  and  other  instructions 
from  the  port  authorities. 

6.  The  same  rules  apply  to  foreign  war  ships. 

7.  Navigation  by  sail  to  and  from  the  harbors  of  the  German  Bay 
of  the  North  Sea  is  totally  stopped  because  of  the  danger  therein 
involved. 


Not  printed. 


THE  riNITED  STATES  AND  GERMANY  » 

KACRBICRTKN   rUH  HrtTAmUR. 

No.  52— Bt  rlin,  1  October.  1914.   P.  898. 

III.    NORTH  SEA. 

2770/14.     Germany— North  Sea— Making  for  harbors. 
H  8088/14— Berlin,  September  26,  1914. 

The  ecu  rap  of  merchant  veaaels  boand  for  German  North  Sea  porta 
in  tlie  Jade,  Wener,  Elbe  and  Eider  is  set  at  the  Listertief  steerage 
buoy.  The  course  of  the  Ems  remains  as  in  peace.  The  directions  of 
N.  P.  S.  14-2248.  Figure  2  paragraph  2  and  No.  2423,  paragraph  3  are 
at  the  same  time  supneraeded. 

Approximate  position  of  the  Listertief  steerage  buoy:  55*  3H'  N.; 
8  177J  W. 


i 


NACHRICHTEN   FLTJ    SE£FAHRER. 

No,  65— Berlin,  November  10,  1914.    P.  1029. 

3161/14.    Navigation  of  the  North  Sea— Announcement. 
A  IV— 11563,  November  9,  1914. 

The  British  Government  on  November  2.  1914,  issued,  on  the  baaia 
of  a  false  accusation  that  Germany  had,  with  hospital  ships  and  mer- 
chant vessels  under  a  neutral  flag  laid  mines  and  reconnoitered  in  the 
North  Sea,  a  notice  to  mariners  sailing  to  and  in  the  North  Sea,  which 
KcomiMnded  to  veaaels,  on  the  pretext  of  danger  from  mines  in  the 
North  Sea  to  pass  through  the  Channel,  the  Downs,  and  along  the 
English  coast  and  warned  them  against  sailing  through  the  North  Sea 
and  around  th.>  Orkney  and  Shetland  Islands. 

In  contradiction  of  this  it  is  pointed  out  that  the  waters  of  the 
Northern  North  Sea  including  the  line  running  from  the  Hebrides 
across  the  Faroe  Islands  to  Iceland,  the  water-  along  the  Norwegian 
Coast  and  in  the  Skagerrak  are  generally  so  deep  as  to  exclude  all 
laying  of  mines.  On  the  other  hand  it  is  knoiiv  ^  that  in  the  South 
of  the  North  Sea  and  in  the  Channel  a  number  o-  mines,  and  as  has 
been  ascertained,  mines  of  English  and  French  origin,  are  drifting 
about  that  have  not  been  deadened,  and  that  at  many  places  of  the 
course  along  the  English  Eastern  Coast  recommended  by  England 
mines  have  been  laid  of  which  several  wor .  run  into  adrift  lately. 

The  course  recommended  by  Englan  .,  through  the  Channel,  the 
Downs  and  along  the  English  East  CWst  is  therefore  very  dangerous 
to  shipping,  while  the  course  througli  the  North  of  the  North  Sea  is 
free  of  mines  and  therefore  free  of  danger. 

See  N,  F.  S.  14-262. 


f 


II 


10  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

The  Secretary  of  State  to  Amhaeaador  Gerard. 

Departiiknt  of  State, 
Wankington,  December  8,  1914. 
Sin:  In  further  arknowlcdgmcnt  of  your  dispatch  No.  261,  of 
November  13,  1914,  transmitting  a  copy  in  tranilation  of  the  reply  of 
the  German  Qovernment  to  the  protest  of  the  British  Government 
against  the  laying  of  Gorman  mines,  you  are  informed  that  a  copy 
thereof  has  been  forwarded  to  the  American  Ambassador  at  London 
for  transmission  to  the  British  Foreign  OfHce  without  comment. 
I  am,  etc., 

For  the  Secretary  of  State: 

Robert  Laksino. 


Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram — Paraphrase.] 

American  Embasrt, 
Berlin,  February  22,  I'Jl.'). 
Mr.  Gerard  states  that  it  is  reported  by  the  Consular  Agent  at 
Bremerhaven  that  the  vessel  Evelyn  was  sunk  by  a  mine  on  the  night 
of  the  twentieth  between  Norderney  and  the  Isle  of  Borkum.  One  of 
the  three  boats,  which  wr  ■  mannod  and  left  the  vessel,  is  missing.  It 
is  said  that  a  German  scoat  boat  saved  the  captain  and  twenty-eight 
men  of  the  Evelyn.  American  steamers  now  at  Bremen  can  take  the 
survivors  to  America. 


Ambaesador  Gerard  to  the  Secretary  of  State. 

[Telegram.] 

AiiCKiCAN  Embassy, 
Berlin,  February  22,  1915. 
Consul  General  Bremerhaven  reports  steamer  Evelyn  ran  on  two 
mines  nineteenth,  four  a.  m.,  near  Isle  Borkum,  sank  seven  hours  later. 
Only  two  boats  manned :  Captain  Smith,  thirteen  men,  Dutch  pilot  in 
one';  First  Officer  Senson.  thirteen  men  in  other.  First  boat  said  to 
have  been  rescued  ten  o'clock  Saturday  morning,  but  present  where- 
abouts yet  unknown.  Latter  boat  picked  up  by  German  scoutship 
Mars  four  o'clock  Saturday  afternoon;  taken  to  Heligoland.  Thirteen 
men  brought  to  Bremerhaven,  put  in  sailors'  home.  Spanish  stoker, 
Hans  Ilaro,  frozen  and  buried  at  sea ;  appears  to  be  only  death.  Other 
survivors  expected  to-morrow.    Those  in  Bremerhaven  out  of  danger. 

Gerard. 


I 

If 


THE  UNITED  STATES  AND  OERMANT 
Ambaaador  Gtrard  to  tkt  Stcrtiary  of  Siatt. 


21 


[Telegram.] 

American  Kmbash.. 
Berlin,  Ffhruarii  25,  1915. 
Conaular  Agent,  Bremprhaven,  reports  dmb  apparently  ran  on 
mine  twenty-arcnnd,  eleven  a.  m.,  ten  milea  west  Norderncy.  noon 
Bank.  Three  of  crew  of  thirty  lost,  t'uptain  Cole  and  twenty-mx  men 
pieked  up  hour  and  half  later  by  German  neout-boat  Annie  Buate; 
brought  to  Brenierhavcn  twenty-fourth,  ten  p.  m. 

Oerard. 


the    .  ' 
longitt'l' 


,4i.     /«M  '••  t    I'l,     t  th>;  8(cretar\j  of  Statt. 

\'!'v'  ^r ,        Paraphrase.] 

AiiEnicAN  Embassy, 
Birlin,  Fthruanj  2.'),  lOlf). 
a        '•      I;  •  <     i.n    nder  Ohcrardi  has  been  informed  by 
r      ,'       ,!(•.,  ,s. .  /,  thjn  sank  in  latitude  53°  52'  North, 


Tki 


Ami  isai  dor  to  the  Secretary  of  State. 
[Translation.] 


German  Embassy, 
Washington,  March  1,  1915. 
Mr.  Secretary  op'  State  : 

Pursuant  to  instructions,  I  have  the  honor  to  inform  your  excel- 
lency that  the  American  vessels  Evelyn  and  Carib  were  lost  in  the 
North  Sea  because,  contrary  to  the  directions  given  in  the  yachrickten 
fiir  Seefahrer  (Notice  to  Mariners)  No.  2770-14.  3093-14  and  33-15, 
they  ran  along  the  East  Friesian  Islands  by  direction,  as  stated  by  the 
captain  of  the  Evelyn,  of  a  Britisli  warship.' 

The  Imperial  Government  urgently  recommends  all  vessels  for 
Helgoland  Bay  from  the  coast  of  the  Netherlands  to  sail  up  to  about 
the  fifty-fifth  degree  of  latitude  from  the  Terschelling  Lighthouse  and 
then  steer  for  Listertief  and  there  wait  for  a  German  pilot.  He  alone 
can  furnish  reliable  information  to  na'  "gate  the  German  Bay. 

The  safest  course  is  that  given  in  ,  3161-14  of  the  Nachrichten 
fiir  Seefahrer. 

Accept,  etc.,  J.  Bernstorft. 

'  A  note  from  the  Britinh  AmbanMidoi-,  dated  February  25,  1915.  states  that 
**  the  Britinh  naval  oQicer  who  boarded  the  Evelyn  gave  no  instructions  of  any 
kicd  to  the  master  of  that  vessel." 


22  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Ambataador  Gerard  to  the  Secretary  of  State. 

[Telegram.] 

AuKRicAN  Embassy, 
Berlin,  March  2,  1915. 
Mr.  Gerard  reports  the  return  of  Naval  Attache,  Gherardi  from 
Bremen  where  he  was  sent  to  obtain  the  statements  of  the  captains  of 
the  vessels  Evelyn  and  Carib.  Both  of  the  vessels  were  sunk  by 
mines.  The  British  gave  no  false  directions  as  reported.  Both  of  the 
vessels  simply  ran  on  mine  field. 


IS 

ii 


'I 

I 

r  i' 
it 


The  German  Ambassador  to  the  Secretary  of  State. 

[Translation] 

German  Embassy, 
Washington,  D.  C,  March  26,  1915. 
Mr.  Secretary  op  State: 

Referring  to  your  E-xcellency's  kind  note  of  the  5th  instant  about 
the  sinking  of  the  American  steamer  Evelyn,  I  have  the  honor  to 
make  to  your  Excellency  the  following  communication: 

The  investigation  of  the  Evelyn  and  Carib  casualties  brought  to 
light  the  fact  that  the  vessels  had  on  board  Dutch,  not  German  pilots. 
Those  pilots  appear  to  have  been  furnished  by  the  Rotterdam  branch 
of  the  English  Fumess  Steamship  Company.  Those  pilots  according 
to  the  inquiries  made  are  not  competent  to  navigate  German  waters. 
It  was  found,  for  instance,  that  H.  Benne,  the  pilot  taken  by  the 
steamer  Osmulgu,  who  wub  formerly  a  Dutch  district  pilot  but  is 
already  on  the  pension  list,  declared  he  knew  nothing  of  a  certain 
sailing  direction  for  the  German  coast  which  is  enough  to  show  that 
he  is  not  fit  to  steer  a  vessel  to  Germany.  As  a  matter  of  fact  he  did 
not  ever  obser.e  the  sailing  directions  issued  by  the  German  Ad- 
miralty for  the  German  coast  and  it  was  just  luck  that  saved  the 
Osmulgu  from  the  fate  of  the  Evelyn. 

The  master  of  the  Evelyn  declared  that  he  sailed  through  the 
Channel  and  had  a  mine  pilot  along  the  English  coast.  It  seems  that 
the  English  officer  who  came  on  board  with  the  pilot  told  him  that  he 
should  steer  not  the  Northern  course  but  the  Southerly  course  below 
the  East  Friesian  Islands,  which  was  the  course  taken  by  the  other 
steamers.  Whereupon  he  steamed  for  Rotterdam  and  there  took  a 
pilot.  On  being  asked  why  he  had  not  steered  for  Listertief,  he  re- 
plied that  he  had  left  everything  to  the  pilot. 

According  to  his  chart  the  casualty  occurred  fifty-three  degrees 
fifty-two  minutes  north  six  degrees  seven  minutt-s  cast.  The  pilot  who 
had  the  looks  of  an  did  Dutch  fisherman  and  made  a  rather  unfavor- 
able impression  declared  that  he  had  steered  that  course  because  he 


llri 


THE  UNITED  STATES  AND  QEEMANY 


23 


had  heard  that  other  ships  had  taken  it.  In  reply  to  a  question  he 
said  that  he  had  never  come  with  a  ship  into  the  Qerman  Bay  since 
the  war  began. 

In  order  to  avert  farther  casualties  as  much  as  possible  I  have  the 
honor  to  leave  it  to  your  excellency  kindly  to  consider  whether  it  may 
not  be  advisable  to  warn  in  such  manner  as  may  seem  appropriate  the 
American  steamship  companies  concerned  against  applying  to  the 
above  mentioned  firms  for  pilots.  I  make  this  recommendation  all 
the  stronger  as  there  is  reason  to  suspect  that  the  enemy  will  spare  no 
efforts  to  expose  ships  bound  for  Germany  to  danger  and  that  influ- 
ence is  possibly  brought  to  bear  on  the  pilot  service.  I  would  in  this 
connection  again  repeat  that  the  course  recommended  in  the  Nach- 
richten  fur  Seefahrer,  No.  3161/14.  North  around  Scotland  to  the 
guiding  buoys  of  Listertief  offers  the  least  danger. 

Accept,  etc.,  J.  Bernstobfp. 


Ambassador  Gerard  to  the  Secretary  of  State. 

American  Embassy, 
Berlin,  April  12,  1915. 
Sir  :  I  have  the  honor  to  transmit  herewith  inclosed  a  translation 
of  a  Note  received  from  the  German  Foreign  Office  relative  to  the  sink- 
ing of  the  American  cotton  steamers  Evelyn  and  Carib. 

I  have,  etc.,  James  W.  Gerard. 


[Indosure.] 


Foreign  Office, 
Berlin,  March  10,  1915. 


NOTE  VERBALE. 

With  reference  to  its  Note  Vcrbale  of  the  3rd  instant,  No.  11  U 
901,  the  Foreign  Office  has  the  honor  to  inform  the  American  Embassy 
that  from  now  available  investigations  and  reports  in  the  matter  of 
the  American  cotton  ships,  Evelyn,  Carib,  and  Ocmulgce,  it  is  estab- 
lished that  the  loss  of  the  two  steamers  Evelyn  and  Carib  is  to  be 
ascribed  to  the  captains  and  to  the  inadequacy  of  the  pilots  taken  by 
them.  The  captains  did  not  observe  the  directions  given  them  in  the 
United  States  and  the  pilots  undertook  a  task  to  which  they  were  in  no 
way  equal. 

As  the  Admiralty  has  already  directly  informed  the  Embassy 
Naval  Attache,  the  captains  and  crews  have  complete  freedom  of 
action. 


m 

I 


''■ 


at  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Part  IV. 

SUBMARINE   WARFARE. 

The  German  Ambassador  to  the  Secretary  of  State. 

[Translation.] 

Oerm.vn  Embassy, 
,,     a  ^  Washington,  Fehmary  6,  1915. 

Mr.  Secretary  op  State: 

By  direction  of  my  Governmrnt  I  have  the  honor  to  communi- 
cate the  following  to  Your  Excellency. 

It  is  known  to  the  Imperial  Government  that  Great  Britain  is  on 
the  point  of  shipping  to  France  large  forces  of  troops  and  quantities 
ot  implements  of  war.  Germany  will  oppose  this  shipment  with 
every  war  means  at  its  command. 

As  peaceful  craft  may  be.  from  being  mistaken  i',  :■  vessels  en- 
gaged m  war  operations,  exposed  to  serious  danger,  he  Imperial 
Government  is  placed  under  tlie  necessity  of  warning  oi  ,uch  danger 
vessels  approaching  the  North  and  'Vest  Coasts  of  France  Merchant 
vessels  repairing  to  the  North  Sea  are  advised  to  steer  around  Sect- 
land. 

Accept,  etc., 

For  the  Imperial  Ambassador: 

Haniel. 

Ambassador  Gerard  to  the  Secretary  of  State. 

American  Embassy. 
Berlin,  February  6.  191,5. 
Sir:  I  have  the  honor  to  transmit  to  you  herewitii  two  copies  of 
the  proclamation  of  tlu-  German  Admiralty  of  February  4,  igi.'i. 
declaring  the  waters  surrounding  Gnat  Britain  and  Ireland  to  be 
comprised  within  the  seat  of  war,  as  well  as  two  copies  each  in  Ger- 
man and  French  of  the  meraori.nl  of  the  Imperial  Government  on 
this  subject  and  an  English  translation  ol'  the  same. 

I  have,  etc.,  j^mes  W.  Gerard. 


[Inelosure  1— Translation.] 

proclamation. 

.u  1-  The  waters  surrounding  Great  Britain  and  Ireland  including 
the  whole  English  channel  are  hereby  declared  to  be  war  zone  On 
and  after  the  18th  of  February,  1915,  every  enemy  merchant  ship 
found  in  the  said  war  zone  will  be  destroyed  without  its  being  always 


THE  UNITED  STATES  AND  GERMANY  25 

possible  to  avert  the  dangers  threatening  the  crews  and  passenirera  on 
that  account. 

2.  Even  neutral  ships  are  exposed  to  danger  in  the  war  zone  <is 
m  view  of  the  misuse  of  neutral  flags  ordered  on  January  31  bv  the 
British  Government  and  of  the  accidents  of  naval  war.  it  cannot 
always  be  avoided  to  strike  even  neutral  ships  in  attacks  that  are 
directed  at  enemy  ships. 

3.  Northward  navigation  around  the  Shetland  Islands,  in  the 
eastern  waters  of  the  North  Sea  and  in  a  strip  of  not  less  than  30 
miles  width  along  the  Netherlands  coast  is  in  no  danger. 

vox  POHL. 
„    ,.  Chief  of  the  Admiral  Staff  of  the  Navu. 

Berlin,  Februarij  4,  1915. 


[Inclosuro  2— Translation.] 

MHMORHL  OF  THE  IMPERIAL  OER.VAV  (iOVnRNME.NT  RESPECTIVO  RETALIA- 
TORY MEASURES  RENDERED  NKCKSSARY  HY  TIIK  JfEANs  KMPLOYPm  PY 
ENGL.\XD  CONTRARY  TO  INTERNATIONAL  LAW  IN  IXTERCLPTlNG  NEC- 
TRAL  MARITIME  TRADE  WITH  GERMANY. 

Since  the  commencement  of  the  present  war  Groat  Britain  s  con- 
duct of  commercial  warfare  against  (icrmanv  has  been  a  mockery  of 
all  the  principles  of  the  law  of  nations.  Whilt-  the  British  Govern- 
ment have  by  several  orders  declared  tliat  their  naval  forces  sh<wM 
be  gr.uicd  by  the  stipulations  of  the  Declaration  of  London,  they  have 
in  reality  repudiated  this  Declaration  in  the  most  essential  paints 
notwithstanding  the  fact  that  their  ewii  delegate,  al  iie  .Mamime 
Conference  of  London  aeknowlcdged  its  acts  a.s  forming  part  of  exist- 
ing international  law.  The  British  Government  have  placed  a  num- 
ber of  articles  on  the  eontraband  list  which  are  not  at  all.  or  only 
very  indirectly  capable  of  use  in  warfare,  and  eonse(iiicntlv  eannot 
be  treated  as  contrabanti  either  under  the  Declaration  of  London  or 
under  the  generally  acknowledged  rules  of  international  law.  In  addi- 
tion, they  have  in  fact  obliterated  the  distinetion  between  absolute  antl 
conditional  contraband  by  conti.scating  all  jirtieiMs  of  eonditional  con- 
traband destined  for  Germany,  whatever  mav  h«  the  port  where  these 
articles  arc  to  be  unloaded,  an. I  without  regard  to  whether  they  are 
destined  for  uses  of  war  or  peace.  They  have  not  even  hesitated  to 
violate  the  Declaration  of  Paris,  since  their  naval  torses  have  cap- 
tured on  neutral  ships  German  property  winch  was  not  contraband 
of  war.  Furthermore,  they  have  sone  iiirther  than  their  own  orders 
respecting  the  Declaration  of  Lim.ion  ai.d  caused  numerous  German 
subjects  capable  of  bearing  arms  to  be  taken  from  neutral  ships  and 
made  prisoners  of  war.  Finally,  they  iiave  declared  the  cirth  Sea 
in  its  whole  extent  to  be  the  s«'at  of  war.  thereby  rendering  ditflcult 
and  extremely  dangerous,  if  not  impossible,  all  navigation  on  the  hijjh 


26 


DIPLOMATIC  COBBESPONDENCE  BETWEEN 


■.i 


fieas  between  Scotland  and  Norway,  so  that  they  have  in  a  way  estab- 
lished a  blockade  of  neutral  coasts  and  ports,  which  is  contrary  to 
the  elementary  principles  of  generally  accepted  international  law. 
Clearly  all  these  measures  are  part  of  a  plan  to  strike  not  only  the 
German  military  operations  but  also  the  economic  system  of  Germany, 
and  in  the  end  to  deliver  the  whole  German  people  to  reduction  by 
famine,  by  intercepting  legitimate  neutral  commerce  by  methods  con- 
trary to  international  law. 

The  neutral  powers  have  in  the  main  acquiesced  in  the  measures 
of  the  British  Government ;  in  particular  they  have  not  been  success- 
ful in  securing  the  release  by  the  British  Government  of  the  German 
subjects  and  German  merchandise  illegally  taken  from  their  vessels. 
To  a  certain  extent  they  have  even  contributed  toward  the  execution 
of  the  measures  adopted  by  England  in  defiance  of  the  principle  of 
the  freedom  of  the  seas  by  prohibiting  the  export  and  transit  of 
goods  destined  for  peaceable  purposes  in  Germany,  thus  evidently 
yielding  to  pressure  by  England.  The  German  (iwemment  have  in 
vain  called  the  attention  of  the  neutral  powers  to  the  fact  that  Ger- 
many must  seriously  question  whether  it  can  any  longer  adhere  to 
the  stipulations  of  the  Declaration  of  Ijondon.  hitherto  strictly  ob- 
served by  it.  in  case  England  continues  to  adhere  to  its  practice,  and 
the  neutral  powers  persist  in  looking  with  indulgence  upon  all  these 
violations  of  neutrality  to  the  detriment  of  Germany.  Great  Britain 
invokes  the  vital  interests  of  the  British  Empire  which  are  at  stake 
in  justification  of  its  violations  of  the  law  of  nations,  and  the  neutral 
powers  appear  to  be  satisfied  with  theoretical  protests,  thus  actually 
admitting  the  vital  interests  of  a  belligerent  as  a  sufficient  excuse 
for  methods  of  waging  war  of  whatever  description. 

The  time  has  come  for  Germany  also  to  invoke  such  vital  interests. 
It  therefore  finds  itself  under  the  necessity,  to  its  regret,  of  taking 
military  measures  against  England  in  retaliation  of  the  practice  fol- 
itwcd  by  England.  Just  as  England  declared  the  whole  North  Sea 
between  Scotland  and  Norway  to  be  comprised  within  the  seat  of 
war.  so  does  Germany  now  declare  the  waters  surrounding  Great 
Britain  and  Ireland,  including  the  whole  English  Channel  to  be  coni- 
prisod  within  the  seat  of  war,  and  will  prevent  by  all  the  militarj' 
n\eans  at  its  disposal  all  navigation  by  the  enemy  in  those  waters. 
To  this  end  it  will  endeavor  to  d-stroy.  after  February  18  next,  any 
merchant  vessels  of  the  enemy  which  present  themselves  at  the  scat 
of  war  above  indicated,  although  it  may  not  always  be  possible  to 
avert  the  dangers  which  may  menace  persons  and  merchandise.  Neu- 
tral powers  are  accordingly  forewarned  not  to  continue  to  intrust 
their  erews.  passengers,  or  merchandise  to  such  vessels.  Their  atten- 
tion is  furthermore  called  to  the  fact  that  it  is  of  urgency  to  recom- 
mend to  their  own  vessels  to  steer  clear  of  these  waters.  It  is  true 
that  the  German  Navy  has  received  instructions  to  abstain  from  all 
violence  against  neutral  vessels  reccenizable  as  such ;  hut  in  view  of 
the  hazards  of  war.  and  of  the  misuse  of  the  neutral  flag  ordered  by 
the  British  Government,  it  will  not  always  be  possible  to  prevent  a 


-■■S^^^T 


THE  UNITED  STATES  AND  GERMANY 


27 


neutral  vessel  from  becoming  the  victim  of  an  attack  intended  to  be 
directed  against  a  vessel  of  the  enemy.  It  is  expressly  declared  that 
navigation  in  the  waters  north  of  the  Shetland  Islnnds  is  outside  the 
danger  zone,  as  well  as  navigation  in  the  eastern  part  of  the  North 
Sea  and  in  a  zone  thirty  marine  miles  wide  along  the  Dutch  coast. 

The  German  Government  announces  this  measure  at  a  time  per- 
mitting enemy  and  neutral  ships  to  make  the  necessary  arrangements 
to  reach  the  ports  situated  at  the  seat  of  war.  They  hope  that  the 
neutral  powers  will  accord  consideration  to  the  vital  interests  of  Ger- 
many equally  with  those  of  England,  and  will  on  their  part  assist  in 
keeping  their  subjects  and  their  goods  far  from  the  seat  of  war;  the 
more  so  since  they  likewise  have  a  great  ijiterest  in  seeing  the  termina- 
tion at  an  early  day  of  the  war  now  ravaging. 

Berlin,  February  4,  1915. 


The  Secretary  of  State  to  Amb(fssador  Gerard. 

[Telegram.] 

Department  of  State, 
Washingtou,  February  10,  1915. 
Please  address  a  note  immediately  to  the  Imperial  German  Gov- 
ernment to  the  following  effect: 

The  Government  of  the  United  States,  having  had  its  attention 
directed  to  the  proclamatiou  of  the  German  Admiralty  issued  on  the 
4th  of  February,  that  the  waters  surrounding  Great  Britain  and 
Ireland,  including  the  whole  of  the  English  Channel,  are  to  be  con- 
sidered as  comprised  within  the  seat  of  war;  that  all  enemy  mer- 
chant vessels  found  in  those  waters  after  the  eighteent^  instant  will 
be  destroyed,  although  it  may  not  always  be  possible  to  .save  crews 
and  passengers ;  and  that  neutral  vessels  expose  themselves  to  danger 
within  this  zone  of  war  because,  in  view  of  the  misuse  of  neutral  flags 
Si.id  to  have  been  ordered  by  the  British  Government  on  the  31st 
of  January  and  of  the  contingencies  of  maritime  warfare,  it  may 
not  he  possible  always  to  exempt  neutral  vessels  from  attacks 
intended  to  strike  enemy  ships,  fctls  it  to  be  its  duty  to  call  the 
attention  of  the  Imperial  German  Oovernment.  with  sincere  respect 
and  the  most  friendly  sentiments  h  it  vt-ry  candidly  and  earnestly, 
to  the  very  serious  po.ssibilities  of  the  course  of  action  apparently  con- 
templated unuer  that  proclamation. 

The  Govcrnmem  of  the  United  States  views  those  possibilities  with 
such  grave  conct-rn  that  it  feels  it  to  be  its  privilege,  and  indeed  its 
duty  in  the  circumstances,  to  request  the  Imperial  German  Govern- 
ment to  consider  before  action  is  taken  the  critical  situation  in  respect 
of  the  relations  between  this  country  aiui  Germany  which  might  arise 
were  the  German  naval  forces,  in  carryiuif  out  the  policy  foreshadowed 


I 


28 


DIPLOMATIC  COBBESPONDENCE  BETWEEN 


in  the  Admiralty's  proclamation,  to  destroy  any  merchant  vessel  of 
the  United  States  or  cause  the  death  of  American  citizens. 

It  is  of  course  not  necessary  to  remind  the  German  Oovernment 
that  the  sole  right  of  a  belligerfnt  in  dealing  with  neutral  vessels 
on  the  high  seas  is  limited  to  visit  and  search,  unless  a  blockade  is 
proclaimed  and  effectively  maintained,  which  this  Government  does 
not  understand  to  be  proposed  in  this  case.  To  declare  or  exercise  a 
right  to  attack  and  destroy  any  vessel  entering  a  prescribed  area  of 
the  high  seas  without  first  certainly  determining  its  belligerent  nation- 
ality and  the  contraband  character  of  ite  cargo  would  be  an  act  so 
unprecedented  in  naval  warfare  that  this  Government  is  reluctant 
to  believe  that  the  Imperial  Government  of  Germany  in  this  case 
contemplates  it  as  possible.  The  suspicion  that  enemy  ships  are  using 
neutral  flags  improperly  can  create  no  just  presumption  that  all  ships 
traversing  a  prescribed  area  are  subject  to  the  same  suspicion.  It  is 
to  determine  exactly  such  questions  that  this  Government  under- 
stands the  right  of  visit  and  .search  to  have  been  recognized. 

This  Government  has  carefully  noted  the  explanatory  statement 
issued  by  the  Imperial  German  Government  at  the  same  time  with  the 
proclamation  of  the  German  Admiralty,  and  takes  this  occasion  to 
remind  the  Imperial  German  Government  very  respectfully  that  the 
Government  of  the  United  States  is  open  to  none  of  the  criticisms  for 
unneutral  action  to  which  the  German  Government  believe  the  gov- 
ernments of  curtain  of  other  neutral  nations  have  laid  themselves 
open;  that  the  Government  of  the  United  States  has  not  consented 
to  or  acquiesced  in  any  measures  which  may  have  been  taken  by  the 
other  belligerent  nations  in  the  present  war  which  operate  to  restrain 
neutral  trade,  but  has,  on  the  contrary,  taken  in  all  such  matters 
a  position  which  warrants  it  in  holding  those  governments  respon- 
sible in  the  proper  way  for  any  untoward  effects  upon  American 
shipping  which  the  accepted  principles  of  international  law  do  not 
justify;  and  that  it.  therefore,  regards  itself  as  free  in  the  present 
instance  to  take  with  a  clear  con.scienco  and  upon  accepted  principles 
the  position  indicated  in  this  note. 

If  the  commanders  of  G'-rm.nn  vessels  of  war  should  act  upon  the 
presumption  that  the  flag  of  the  United  States  was  not  being  used  in 
pood  faith  and  should  d;.stroy  on  the  high  seas  an  American  vessel  or 
the  lives  of  American  citizens,  it  would  be  difficult  for  the  Govern- 
ment of  the  United  States  to  view  the  aet  in  anv  other  light  than  as 
an  indetensible  violation  of  neutral  rights  which  it  would  be  very 
hard  indeed  to  reconcile  with  the  friendly  relations  now  so  happily 
subsisting  between  the  two  Governments. 

If  such  a  deplorable  situation  should  arise,  the  Imperial  German 
Government  can  readily  appreciate  that  the  Government  of  the  United 
States  would  be  constrained  to  hold  the  Imperial  German  Govern- 
ment to  a  strict  accountability  for  .such  acts  of  their  naval  authorities 
and  to  take  any  steps  it  might  be  necessarv  to  take  to  safeguard 
American  lives  and  property  and  to  secure  to  American  citizens  the 
full  enjoyment  of  their  acknowledged  rights  ou  the  high  seas 


:S;^*^«1q 


THE  UNITED  STATES  AND  GERMANY 


29 


The  Government  of  the  United  States,  in  view  of  these  con«idera- 
tiom,  which  it  urges  with  the  greatest  respect  and  with  the  sincere 
purpose  of  making  sure  that  no  misunderstanding  may  arise  and  no 
circumstance  occur  that  might  even  cloud  the  intercourse  of  the  two 
Governments,  expresses  the  confident  hope  and  expectation  that  the 
Imperial  German  Government  can  and  will  give  assurance  that  Ameri- 
can citirens  and  their  vessels  will  not  be  molested  by  the  naval  forces 
of  Germany  otherwise  than  by  visit  and  search,  though  their  vessels 
may  be  traversing  the  sea  area  delimited  in  the  proclamation  of  the 
German  Admiralty. 

It  is  added  for  the  information  of  the  Imperial  Government  that 
representations  have  been  made  to  His  Britannic  Majesty's  Govern- 
ment in  respect  to  the  unwarranted  use  of  the  American  flag  for  the 
protection  of  British  ships.  Bryan. 


The  German  Minister  for  Foreign  Affairs  io  Ambassador  Gerard. 

Rerun,  February  16.  1915. 

In  reference  to  the  note  of  the  12th  instant,  Foreign  Office  num- 
ber twenty-two  sixty,  relative  to  the  German  measures  respecting 
the  theater  of  war  in  the  waters  surrounding  England,  the  under- 
signed has  the  honor  to  reply  to  His  Excellency  the  Ambassador  cf 
the  United  States.  James  W.  Gerard,  as  follows : 

The  Imperial  German  Government  have  examined  the  communi- 
cation of  the  Government  of  the  United  States  in  the  same  spirit  of 
good  will  and  friendship  which  seems  to  have  prompted  this  com- 
munication. 

The  Imperial  Gorman  Government  are  in  entire  accord  with  the 
Government  of  the  United  States  that  it  is  in  the  highest  degree 
desirable  for  all  parties  to  avoid  tiio  misunderstanding  which  might 
arise  from  the  measures  announced  by  the  German  Admiralty  and 
to  avert  the  intrusion  of  events  ealculated  to  interrupt  the  most 
friendly  relations  whieh  have  so  happily  existed  between  the  two 
Governments  up  to  this  time. 

On  this  assurance  the  German  Government  believe  that  they  may 
depend  on  full  understanding  on  the  part  of  the  United  States,  all 
the  more  because  the  action  announced  by  the  German  Admiralty,  as 
was  dwelt  upon  at  length  in  the  note  of  the  4th  instant,  is  in  no 
wise  directed  against  the  legitimate  irade  and  navigation  of  neutral 
states,  but  merely  represents  an  act  ui  self-defense  whieh  Germany's 
vital  interests  force  her  to  take  against  England's  method  of  con- 
ducting maritime  war  in  defiance  of  international  law,  which  no 


30 


DIPLOMATIC  COBBESPONDENCE  BETWEEN 


I 


i 
I 


i» 


I 


protest  on  the  part  of  neutrali  hu  arailed  to  bring  into  accordance 
with  the  legal  atatui  generally  recognixed  before  the  outbreak  of 
hostilities. 

In  order  to  exclude  all  possible  doubt  on  this  cardinal  point  the 
Oerman  Oovemment  beg  to  set  forth  once  more  the  actual  situation. 

Up  to  now  Germany  has  scrupulously  observed  the  existing  pro- 
visions of  international  law  relative  to  maritime  wf.r.  In  particular 
she  assented  without  delay  to  the  proposal  made  by  the  American 
Oovernment  directly  after  the  war  began  to  ratify  the  Declaration  of 
London  and  embodied  the  contents  thereof  without  change  in  her 
prize  law,  even  without  formally  binding  herself  in  this  direction. 
The  Oerman  Oovernment  have  adhered  to  these  provisions,  even  where 
they  conflicted  with  military  interests.  Our  Oovernment  at  the  same 
time  have  permitted  the  supply  of  food  by  Denmark  to  England  until 
the  present,  although  they  could  well  have  prevnted  this  traffic  by 
means  of  their  naval  forces. 

In  direct  opposition  to  this,  England  has  not  shrunk  from  grave 
violations  of  international  law  wherever  she  could  thereby  cripple 
Germany's  peaceable  trade  with  neutral  countries.  It  will  not  be 
necessary  for  the  German  Oovernment  to  go  into  detail  on  this  point, 
especially  since  the  American  note  to  the  British  Oovernment  dated 
December  28,  1914.  which  has  been  brought  to  their  knowledge,  has 
dealt  with  this  point  very  aptly  if  not  very  exhaustively  on  the 
ground  of  the  experiences  of  months. 

It  is  conceded  that  the  intention  of  all  these  aggressions  is  to  cut 
off  Germany  from  all  supplies  and  thereby  to  deliver  up  to  death  by 
famine  a  peaceful  civilian  population,  a  procedure  contrary  to  law 
of  war  and  every  dictate  of  humanity. 

The  neutrals  have  not  been  able  to  prevent  this  interception  of 
different  kinds  of  trade  with  Germany  contrary  to  international  law. 
It  is  true  that  the  American  Government  have  protested  against  Eng- 
land's procedure,  and  Germany  is  glad  to  acknowledge  this,  but  in 
spite  of  this  protest  and  the  protests  of  the  other  neutral  Govern- 
ments England  has  not  allowed  herself  to  be  disf^uaded  from  the 
course  originally  adopted.  Thus  the  American  .ship  Wilhthmna  was 
recently  brought  into  port  by  England,  although  her  cargo  was  des- 
tined solely  for  the  civil  population  of  Germany  and  was  to  be  used 
only  for  this  purpose  according  to  an  express  declaration  of  the 
German  Government. 

In  this  way  the  following  has  been  created:  Germany  is  to  all 
intents  and  purposes  cut  off  from  oversea  supplies  with  the  toleration, 


THE  UNITED  STATES  AND  GERMANY 


81 


tacit  or  protesting,  of  the  neutrals  regardless  of  whether  it  is  a  ques- 
tion of  goods  which  are  absolute  contraband  or  only  conditional  con- 
traband or  not  contraband  at  all,  following  the  law  generally  recog- 
nized before  the  outbreak  of  the  war.  On  the  other  hand  England 
with  the  indulgence  of  neutral  Governments  is  not  only  being  pro- 
vided with  such  goodf  as  are  not  contraband  or  merely  conditional 
contrsband,  nsmely,  foodstuffs,  raw  material,  etc.,  although  these 
are  treated  by  England  when  Germany  is  in  question  as  absolute  con- 
traband, but  also  with  goods  which  have  been  regularly  and  unques- 
tionably acknowledged  to  be  absolute  contraband.  The  German  Gov- 
ernment believe  that  they  are  obliged  to  point  out  very  particularly 
and  with  the  greatest  emphasis,  that  a  trade  in  arms  exists  between 
American  manufacturers  and  Germany's  enemies  which  is  estimated 
at  many  hundred  million  marks. 

The  German  Government  have  given  due  recognition  to  the  fact 
that  as  a  matter  of  form  the  exercise  of  rights  and  the  toleration  of 
wrong  on  the  part  of  neutrals  is  limited  by  their  pleasure  alone  and 
involves  no  formal  breach  of  neutrality.  The  German  Government 
have  not  in  consequence  made  any  charge  of  formal  breach  of  neu- 
trality. The  German  Government  cannot,  however,  do  otherwise, 
especially  in  the  interest  of  absolute  clearness  in  the  relations  between 
the  two  countries,  than  to  emphasize  that  they,  in  common  with  thi> 
public  opinion  in  Germany,  feel  themselves  placed  at  a  great  dis- 
advantage through  the  fact  that  the  neutral  powers  have  hitherto 
achieved  no  success  or  only  an  unmeaning  success  in  their  assertion 
of  the  right  to  trade  with  Germany,  acknowledged  to  be  legitimate 
by  international  law,  whereas  they  make  unlimited  use  of  their  right 
to  tolerate  trade  in  contraband  with  England  and  our  other  enemies. 
Conceded  that  it  is  the  formal  right  of  neutrals  not  to  protect  their 
legitimate  trade  with  Germany  and  even  to  allow  themselves  know- 
ingly and  willingly  to  be  induced  by  England  to  restrict  such  trade, 
it  is  on  the  other  hand  not  less  their  good  right,  although  unfor- 
tunately not  exercised,  to  stop  trade  in  contraband,  especially  the 
trade  in  arms,  with  Germany's  enemies. 

In  view  of  this  situation  the  German  Government  see  themselves 
compelled,  after  six  months  of  patience  and  watchful  waiting,  to  meet 
England's  murderous  method  of  conducting  maritime  war  with  drastic 
counter  measures.  If  England  invokes  the  powers  of  famine  as  an 
ally  in  its  struggles  against  Germany  with  the  intention  of  leaving  a 
civili2v»d  poople  the  alternative  of  perishing  in  misery  or  submitting 
to  the  yoke  of  England's  political  and  commercial  will,  the  German 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


lli 

!i 

I 


IP 


r  «■ 


QovemmeDt  met  io-dty  determined  to  take  up  the  gtuntlet  and  to 
appeal  to  the  same  ^m  ally.  They  rely  on  the  neutrals  who  ha^e 
hitherto  tacitly  or  under  protest  submitted  to  the  consequences,  detri- 
mental to  themselves,  of  England's  war  of  famine  to  display  not  less 
tolerance  toward  Qermany,  even  if  the  Oennau  measures  constitute 
new  forms  of  maritime  war,  as  has  hitherto  been  the  case  with  the 
English  measures. 

In  addition  to  this,  the  German  Government  are  determined  to 
suppress  with  all  the  means  at  their  disposal  the  supply  of  war  mate- 
rial to  England  and  her  allies  and  assume  at  the  same  time  that  it  is 
a  matter  of  course  that  the  neutral  Governments  which  have  hitherto 
undertaken  no  action  against  the  trade  in  arms  with  Germany's 
enemies  do  not  intend  to  oppose  the  forcible  sunpresrion  of  this  trade 
by  Germany. 

Proceeiling  from  these  points  of  view  the  German  Admiralty  has 
declared  the  zone  prescribed  by  it  the  seat  of  war;  it  will  obstruct 
this  area  of  maritime  war  by  mines  wherever  possible  and  also  en- 
deavor to  destroy  the  merchant  vessels  of  the  enemy  in  any  other  way. 

It  is  very  far  indeed  from  the  intention  of  the  German  Govern- 
ment, acting  in  obcdien<u  to  these  compelling  circumstances,  ever  to 
destroy  neutral  lives  and  neutral  property,  but  on  the  other  hand 
the>  cannot  be  blind  to  the  fact  that  dangers  arise  through  the  action 
to  be  carried  out  against  England  which  menace  without  discrimina- 
tion all  trade  within  the  area  of  maritime  war.  This  applies  aa  a 
matter  of  course  to  war  mines,  which  place  any  ship  approaching  a 
mined  area  in  danger,  even  if  the  limits  of  international  law  are 
adhered  to  most  strictly. 

The  German  Government  believe  that  they  are  all  the  more  justi- 
fied in  the  hope  that  the  neutral  powers  will  become  reconciled  with 
this,  just  as  they  have  with  the  serious  injury  caused  them  thus  far 
by  England's  measures,  because  it  is  their  will  to  do  everything  in 
any  way  compatible  with  the  accomplishment  of  their  purpose  for  the 
protection  of  neutral  shippinp  oven  within  the  area  of  maritime  war. 

They  furnish  the  first  proof  of  their  good  will  by  announcing  the 
measures  intended  l>y  them  at  a  time  not  less  than  two  weeks  before- 
hand, in  order  to  pive  neutral  shipping  an  opportunity  to  make  the 
necessary  arranpenients  to  avoid  the  threatening  danger.  The  safest 
method  of  doinp  this  is  to  stay  away  from  the  area  of  maritime  war. 
Neutral  ships  entering  the  closed  waters  in  spite  of  this  announce- 
ment.  given  so  far  in  advance,  and  which  seriously  impairs  the  accom- 
plishment of  the  military  purpose  against  England,  bear  their  own 


THE  UNITED  STATES  AND  GERMANY 


33 


reiponubility  for  any  unfortunate  accideiitN.  The  Oerraan  Oovrm- 
ment  on  their  side  eiprenaly  decline  all  reaponaibility  for  auch  acci- 
dents  ai.d  their  conN<>(|\H-nce«. 

Furthermore,  the  (ierinan  Qovcmment  announced  merely  the  de- 
Btruction  of  enemy  mcrrhaut  vesaela  found  within  the  area  of  mari- 
time  war,  and  not  the  dentruetion  of  all  merchant  veaaels,  aa  the 
American  Qovcmment  appear  to  have  erroneously  understood.  This 
limitation  whii-h  the  German  Government  have  imposed  upon  them- 
selves  impairs  the  military  purpose,  especially  since  the  presumptiou 
will  prevail,  even  in  the  case  of  neutral  ships,  that  they  have  contra- 
band  on  board  in  view  rf  the  interpretation  of  the  idea  of  contraband 
in  which  the  English  Gc  •»'iTiment  have  indul^d  aa  regards  Germany 
and  which  the  Gennan  Government  will  accordingly  apply  against 
England. 

Niiturally  the  Imperial  Government  are  not  willing  to  waive  the 
right  to  establish  the  presence  of  contraband  in  the  cargoes  of  neutral 
ships  and,  in  cases  requiring  it,  to  take  any  action  necessary  ou  the 
grounds  established.  Finally  the  German  Government  are  prepared 
to  accord,  in  conjunction  with  the  American  Government,  the  most 
earnest  consideration  to  any  measure  that  might  be  calculated  to 
insure  the  safety  of  legitimate  shipping  of  neutrals  within  the  seat 
of  war.  They  cannot,  however,  overlook  the  fact  that  all  efforts  in 
this  direction  are  considerably  hampered  by  two  circumstances :  First, 
by  the  misu.se  of  the  neutral  fla?  by  English  merchant  veaaels,  which 
in  the  meantime  has  probably  been  established  beyond  a  doubt  by  the 
American  Government  likewise.  Second,  by  the  above-mentioned 
trade  in  contraband,  especially  war  materials,  by  neutral  merchant 
vessels.  In  regard  to  the  latter  point,  the  German  Government  ven- 
tures to  hope  that  the  American  Government  upon  reconsideration 
will  see  their  way  clear  to  a  measure  of  intervention  in  accordance 
with  the  spirit  of  true  neutrality. 

As  regards  the  first  point,  the  secret  order  of  the  British  Admiralty 
has  already  been  communicated  to  the  American  Government  by  Ger- 
many. It  recommends  English  merchant  vessels  to  use  neutral  flags 
and  has  in  the  meantime  been  eonfirmetl  by  a  statement  of  the  British 
Foreign  Office  which  refers  to  the  municipal  law  of  England  and 
characterizes  such  action  as  quite  unobjectionable.  The  Englisli  mer- 
chant marine  has  followed  this  counsel  without  delay,  as  is  probably 
known  to  the  American  Government,  from  the  cases  of  the  Lusitania 
and  Laertes.  Moreover,  the  British  Government  have  armed  English 
merchant  vessels  and  instructed  them  to  resist  by  force  the  German 


««aK)cory  rbowtion  tut  quit 

(ANSI  and  ISO  TtST  CHART  No.  2) 


^ 

|M 

]Si 

■  2.2 

^ 

■■■ 

4.0 

12.0 

A 


4    /APPLIED  IIVMGE 


165 J  Eoit  Main  Street 

RoctiOTttf,   tf*  rofl.         14609       USA 

(716)  ««2  -  0300  -  PImn. 

(716)  2U-MS9-FO 


34 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


i: 


f  "■ 


submarines.  In  these  circumstances  it  is  very  difficult  for  the  German 
submarines  to  recognize  neutral  merchant  vessels  as  such,  for  even  a 
search  will  not  be  possible  in  the  majority  of  cases,  since  the  attacks 
to  be  anticipated  in  the  case  of  a  disguised  English  ship  would  expose 
the  commanders  conducting  a  search  and  the  boat  itself  to  the  danger 
of  destruction. 

The  British  Government  would  then  be  in  a  position  to  render  the 
German  measures  illusory  if  their  merchant  marine  persists  in  the 
misuse  of  neutral  flags  and  neutral  vessels  are  not  marked  in  some 
other  manner  admitting  of  no  possible  doubt.  Germany  must,  in  the 
exigency  into  which  she  has  unlawfully  been  forced,  make  her  meas- 
ures effective  at  all  events  in  order  thereby  to  compel  her  adversary 
to  conduct  maritime  warfare  in  accordance  with  international  law 
and  thus  to  reestablish  the  freedom  of  the  seas  which  she  has  ever 
advocated  and  for  which  she  is  fighting  likewise  to-day. 

The  German  Government,  therefore,  welcomes  the  fact  that  the 
American  Government  have  made  representations  to  the  British  Gov- 
ernment relative  to  the  use  of  their  flag  contrary  to  law  and  give 
expression  to  the  expectation  that  this  action  will  cause  England  to 
respect  the  American  flag  in  future. 

In  this  expectation  the  commanders  of  the  German  submarines 
have  been  instructed,  as  was  already  stated  in  the  note  of  fourth 
instant,  to  abstain  from  violence  to  American  merchant  vessels  when 
they  are  recognizable  as  such. 

In  order  to  meet  in  the  safest  manner  all  the  consequences  of  mis- 
taking an  American  for  a  hostile  merchant  vessel  the  German  Gov- 
ernment recommended  that  (although  this  would  not  apply  in  the 
case  of  danger  from  mines)  the  United  States  convoy  their  ships 
carrying  peaceable  cargoes  and  traversing;  the  English  seat  of  mari- 
time war  in  order  to  make  ♦hem  recognizable.  In  this  connection  the 
German  Government  believe  it  should  be  made  a  condition  that  only 
such  ships  should  be  convoyed  as  carry  no  merchandise  which  would 
have  to  be  considered  as  contraband  according  to  the  interpretation 
applied  by  England  pgainst  Germany.  The  German  Government  are 
prepared  to  enter  into  immediate  negotiations  with  the  American 
Government  relative  to  the  manner  of  convoy.  They  would,  howe  r, 
be  particularly  grateful  if  the  American  Government  would  urgently 
advise  their  merchant  vessels  to  avoid  the  English  seat  of  maritime 
war,  at  any  rate  until  the  flag  question  is  settled. 

The  German  Government  resigrn  thi  mselves  to  the  confident  hope 
that  the  American  Government  will  recognize  the  full  meaning  of  the 


vll 


THE  UNITED  STATES  AND  GERMANY 


35 


f      I 


severe  strugrgle  which  Germany  is  conducting  for  her  very  existence 
and  will  gain  full  understanding  of  the  reasons  which  prompt  Ger- 
many and  the  aims  of  the  measures  announced  by  her  from  the  above 
explanations  and  promises. 

The  German  Government  repeat  that  in  the  scrupulous  considera- 
tion for  neutrals  hitherto  practiced  by  them  they  have  determined 
upon  the  measures  planned  only  under  the  strongest  compulsion  of 
national  self-preservation.  Should  the  American  Government  at  the 
eleventh  hour  succeed  in  removing,  by  virtue  of  the  weight  which 
they  have  the  right  and  ability  to  throw  into  the  scales  of  the  fate 
of  peoples,  the  reasons  which  have  made  it  the  imperative  duty  of 
the  German  Government  to  take  the  action  indicated,  should  the 
American  Government  in  particular  find  a  way  to  bring  about  the 
observation  of  the  Declaration  of  London  on  the  part  of  the  Powers 
at  war  with  Germany  and  thereby  to  render  possible  for  Germany 
the  legitimate  supply  of  foodstuffs  and  industrial  raw  materials,  the 
German  Government  would  recognize  this  as  a  service  which  could 
not  be  too  highly  estimated  in  favor  of  more  humane  conduct  of  war 
and  would  gladly  draw  the  necessary  conclusions  from  the  new  situ- 
ation thus  created. 

The  undersigned  requests  the  Ambassador  to  bring  the  above  to 
the  attention  of  the  American  Government  and  avails  himself  of  the 
opportunity  to  renew,  etc. 

Von  Jagow. 


The  Secretary  of  State  to  Ambassador  Gerard.^ 

[Telegram.] 

Department  of  State, 
Washington,  February  20,  1915. 

You  will  please  deliver  the  following  identic  note  which  we  are 
sending  England  and  Germany: 

In  view  of  the  correspondence  which  has  passed  between  this  Gov- 
ernment and  Great  Britain  and  Germany  respectively,  relative  to  the 
Declaration  of  a  war  zone  by  the  German  Admiralty  and  the  use  of 
neutral  flags  by  British  merchant  vessels,  this  Government  ventures  to 
express  the  hope  that  the  two  belligerent  Governments  may,  through 
reciprocal  concessions,  find  a  basis  for  agreement  which  will  relieve 
neutral  ships  engaged  in  peaceful  commerce  from  the  great  dangers 
which  they  will  incur  in  the  high  seas  adjacent  to  the  coasts  of  the 
belligerents. 

'  Same  to  the  American  Embassy  at  London. 


4, 


36  DIPLOMATIC  COERESPONDENCE  BETWEEN 

The  Government  of  the  United  States  respectfully  suggesta  that 
an  agreement  in  terms  like  the  following  might  be  entered  into.  This 
suggestion  is  not  to  be  regarded  as  in  any  sense  a  proposal  made  by 
this  Government,  for  it  of  course  fully  recognizes  that  it  is  not  its 
privilege  to  propose  terms  of  agreement  between  Great  Britain  and 
Germany,  even  though  the  matter  be  one  in  which  it  and  the  people 
of  the  United  States  are  directly  and  deeply  interested.  It  is  merely 
venturing  to  take  the  liberty  which  it  hopes  may  be  accorded  a  sin- 
cere friend  desirous  of  embarrassing  neither  nation  involved  and  of 
serving,  if  it  may.  the  common  interests  of  humanity.  The  course 
outlined  is  offered  in  the  hope  that  it  may  draw  forth  the  views  and 
elicit  the  suggestions  of  the  British  and  German  Governments  on  a 
matter  of  capital  interest  to  the  whole  world. 

Germany  and  Great  Britain  to  agree : 

1.  That  neither  will  sow  any  floating  mines,  whether  upon  the 
high  seas  or  in  territorial  waters ;  that  neither  will  plant  on  the  high 
seas  anchored  mines  except  within  cannon  range  of  harbors  for  defen- 
sive purposes  only;  and  that  all  mines  shall  bear  the  stamp  of  the 
Government  planting  them  and  be  so  constructed  as  to  become  harm- 
less if  separated  from  their  moorings. 

2.  That  neither  will  use  submarines  to  attack  merchant  vessels  of 
any  nationality  except  to  enforce  the  right  of  visit  and  search. 

3.  That  each  will  require  their  respective  merchant  vessels  not  to 
use  neutral  flags  for  the  purpose  of  disguise  or  ruse  de  guerre. 

Germany  to  agree : 

That  all  importations  of  food  or  foodstuffs  from  the  United  States 
and  (from  such  other  neutral  countries  as  may  ask  it)  into  Germany 
shall  be  consigned  to  agencies  to  be  designated  by  the  United  States 
Government;  that  these  American  agencies  shall  have  entire  charge 
and  control  without  interference  on  the  part  of  the  German  Govern- 
ment, of  the  receipt  and  distribution  of  such  importations,  and  shall 
distribute  them  solely  to  retail  dealers  bearing  licenses  from  the 
(jerman  Government  entitling  them  to  receive  and  furnish  such  food 
and  foodstuffs  to  noncombatants  only ;  that  any  violation  of  the  terms 
of  the  retailers'  licenses  shall  work  a  forfeiture  of  their  rights  to 
receive  such  food  and  foodstuffs  for  this  purpose;  and  that  such 
food  and  foodstuffs  will  not  be  requisitioned  by  the  German  Govern- 
ment for  any  purpose  whatsoever  or  be  diverted  to  the  use  of  the 
armed  forces  of  Germany. 

Great  Britain  to  agree : 

That  food  and  foodstuffs  will  not  be  placed  upon  the  absolute 
contraband  list  and  that  shipments  of  such  commodities  will  not  be 
interfered  with  or  detained  by  British  authorities  if  consigned  to 
agencies  designated  by  the  United  States  Government  in  Germany 
for  the  receipt  and  distribution  of  such  cargoes  to  licensed  German 
retailers  for  distribution  solely  to  the  noncombatant  population. 

In  submitting  this  proposed  basis  of  agreement  this  Government 
does  not  wish  to  be  understood  as  admitting  or  denying  any  belliger- 
ent or  neutral  right  established  by  the  principles  of  international  law, 


I 

•a 


THE  UNITED  STATES  AND  GERMANY 


37 


but  would  consider  the  agreement,  if  acceptable  to  the  interested 
powers,  8  modui  vivendi  baaed  upon  expediency  rather  than  legal 
right  and  as  not  binding  upon  the  United  States  either  in  its  present 
form  or  in  a  modified  form  until  accepted  by  this  Government. 

Bbtan. 


Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 
Berlin,  March  1,  1915. 
Following  is  translation  of  the  German  reply: 

The  undersigned  has  the  honor  to  inform  His  Excellency,  Mr. 
James  W.  Gerard,  Ambassador  of  the  United  States  of  America,  in 
reply  to  the  note  of  the  22d  instant  that  the  Imperial  German  Gov- 
ernment have  taken  note  with  great  interest  of  the  suggestion  of  the 
American  Government  that  certain  principles  for  the  conduct  of  mari- 
time war  on  the  part  of  Germany  and  England  be  agreed  upon  for 
the  protection  of  neutral  shipping.  They  see  therein  new  evidence  of 
the  friendly  feelings  of  the  American  Government  toward  the  Ger- 
man Government  which  are  fully  reciprocated  by  (Germany. 

It  is  in  accordance  with  Germany's  wishes  also  to  have  maritime 
war  conducted  according  to  rules  which  without  discriminately  re- 
stricting one  or  the  other  of  the  belligerent  powers  in  the  use  of  their 
means  of  warfare  are  equally  considerate  of  the  interests  of  neutrals 
and  the  dictates  of  humanity.  Consequently  it  was  intimated  in  the 
German  note  of  the  16th  instant  that  observation  of  the  Declaration 
of  London  on  the  part  of  Germany's  adversaries  would  create  a  new 
situation  from  which  the  German  Government  would  gladly  draw 
the  proper  conclusions. 

Proceeding  from  this  view,  the  German  Government  have  care- 
fully examined  the  suggestion  of  the  American  Government  and  be- 
lieve that  they  can  actually  see  in  it  a  suitable  basis  for  the  practical 
solution  of  the  questions  which  have  arisen. 

With  regard  to  the  various  points  of  the  American  note  they  beg 
^j  make  the  following  remarks : 

1.  With  regard  to  the  sowing  of  mines,  the  German  Government 
would  be  willing  to  agree  as  suggested  not  to  use  floating  mines  and 
to  have  anchored  mines  constructed  as  indicated.  Moreover,  they  agree 
to  put  the  stamp  of  the  Government  on  all  mines  to  be  planted.  On 
the  other  hand,  it  does  not  appear  to  them  to  be  feasible  for  the  bellig- 
erents wholly  to  forego  the  use  of  anchored  mines  for  offensive 
purposes. 

2.  The  German  Government  would  undertake  not  to  use  their 
8ubi  arines  to  attack  mercantile  of  any  flag  except  when  necessarj'  to 
enforce  the  right  of  visit  and  search.    Should  the  enemy  nationality 


38 


DIPLOMATIC  CORBESPONDENCE  BETWEEN 


:it 


w 

if  ;; 


of  the  veasel  or  the  presence  of  contraband  be  aucertained  submarine 
would  proceed  in  accordance  with  the  general  rules  of  international 
law. 

3.  As  provided  in  the  American  note,  this  restriction  of  the  use 
of  the  submarines  is  contingent  on  the  fact  that  enemy  mercantile 
abstain  from  the  use  of  tlic  neutral  flag  and  other  neutral  distinctive 
marks.  It  would  appear  to  be  a  matter  of  course  that  such  mercantile 
also  abstain  from  arming  themselves  and  from  all  resistance  by  force, 
since  such  procedure  contrary  to  international  law  would  render  im- 
possible an}'  action  of  the  submarines  in  accordance  with  international 
law. 

4.  The  regulation  of  legitimate  importations  of  food  into  Germany 
suggested  by  the  American  Government  appears  to  be  in  general 
acceptable.  Such  regulation  would,  of  course,  be  confined  to  impor- 
tations by  sea,  but  that  wouid  on  the  other  hand  include  indirect 
importations  by  way  of  neutral  ports.  The  German  Government 
would,  therefore,  be  willing  t  >  make  the  declarations  of  the  nature 
provided  in  the  American  note  so  that  the  use  of  the  imported  food 
and  foodstuffs  solely  by  the  noncombatant  population  would  be  guar- 
anteed. The  Imperial  Government  must,  however,  iu  addition 
(•••)*  having  the  importation  of  other  raw  material  used  by  the 
economic  system  of  noncombatants  including  forage  permitted.  To 
that  end  the  enemy  Governments  would  have  to  permit  the  free  entry 
into  Germany  of  the  raw  material  mentioned  in  the  free  list  of  the 
Declaration  of  London  and  to  treat  materials  included  in  the  list  of 
conditional  contraband  according  to  the  same  principles  as  food  and 
foodstuffs. 

The  German  Government  venture  to  hope  that  the  agreement  for 
which  the  American  Government  have  paved  the  way  may  be  reached 
after  due  consideration  of  the  remarks  made  above,  and  that  in  this 
way  peaceable  neutral  shipping  and  trade  will  not  have  to  suffer  any 
more  than  is  absolutely  necessary  from  the  unavoidable  effects  of 
maritime  war.  These  effects  could  be  still  further  reduced  if,  as  was 
pointed  out  in  the  German  note  of  the  16th  instant,  some  way  could 
be  found  to  exclude  the  shipping  of  munitions  of  war  from  neutral 
countries  to  belligerents  on  ships  of  any  nationality. 

The  German  Government  must,  of  course,  reserve  a  definite  state- 
ment of  their  position  until  such  time  as  they  may  receive  further 
information  from  the  American  Government  enabling  them  to  see 
what  obligations  the  British  Government  are  on  their  part  willing  to 
assume. 

The  undersigned  avails  himself  of  this  occasion,  etc. 

(Signed)        Von  Jagow. 

Dated  Foreign  Office,  Berlin,  February  28,  1915. 

Gerard. 
'  Apparent  omissioD. 


THE  UNITED  STATES  AND  GERMANY 
Ambassador  Gerard  to  the  Secretary  of  State. 


39 


American  Eubasst, 
Berlin,  March  2,  1915. 
Sir  :  With  reference  to  my  telegram  No.  1719 '  of  the  1st  instant, 
I  have  the  honor  to  inclose  to  you  herewith  a  copy  in  translation  of  a 
Note  Verbale  received  from  the  Imperial  Foreign  Office,  dated  Febru- 
ary 28,  1915,  relative  to  the  extent  of  the  war  area  proclaimed  by  the 
German  Admiralty.    I  have,  etc., 

James  W.  Gerard. 


•I 


[Inclosure — Translation.] 


note  verbale. 


With  reference  to  its  Note  Verbale  of  the  4th  instant,'  the  Foreign 
Office  has  the  honor  to  inform  the  Embassy  of  the  United  States  of 
America,  in  order  to  avoid  any  doubts  as  to  the  northward  extent  of 
the  war  area  defined  in  the  proclamation  of  the  Chief  of  the  Ad- 
miralty Staff  of  the  same  day,  that  the  waters  surrounding  the  Ork- 
neys and  th2  Shctlands  belong  to  the  war  area,  but  that  navigation 
on  both  sides  of  the  Faroe  Isles  is  not  endangered. 

The  Foreign  Office  begs  the  Embassy  of  the  United  States  of 
America  to  be  good  enough  to  inform  its  Government  of  the  above 
by  cable  and  to  notify  the  Governments  of  Great  Britain,  Japan, 
and  Servia  accordingly. 

Berlin,  Fehnianj  28, 1915. 
To  the  Embassy  of  the 

United  States  of  America. 


Ambassador  IV.  //.  Page  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 
London,  March  15,  1915. 
Following  is  the  full  text  of  a  memorandum  dated  March  13,  which 
Grey  handed  me  to-day: 

On  the  22d  of  February  last  I  received  a  communication  from 
Your  Excellency  of  the  identic  note  addressed  to  His  Majesty's  Gov- 
ernment and  to  Germany,  respecting  an  agreement  on  certain  points 

'  Not  printed.    Substance  of  incloeure  herewith. 
'  See  pp.  24-27. 


■  ■  ■. . 

■  I',  1 

ril.  I 

:  ti 


st?-i 


40  DIPLOMATIC  CORKESPONDENCE  BETWEEN 

as  to  the  conduct  of  the  war  at  sea.  The  reply  of  the  German  Gov- 
ernment to  this  note  has  been  published  and  it  is  not  uni.  jrstood 
trom  the  reply  that  the  German  Government  are  prepared  to  abandon 
the  practice  of  sinking  British  merchant  vessels  by  submarines  and 
It  is  evident  from  their  reply  that  they  will  not  abandon  the  use  of 
mines  for  offensive  purposes  on  the  high  seas  as  contrasted  with  the 
use  of  mines  for  defensive  purposes  only  within  cannon  range  of  their 
own  harbors  as  suggested  by  the  Government  r  'he  United  States 
This  being  so,  it  might  appear  unnecessary  for  tue  British  Govtrn- 
inent  to  make  any  further  reply  than  to  take  note  of  the  German 
answer.  Wo  desire,  however,  to  take  the  opportunity  of  making  a 
fuller  statement  of  the  whole  pasition  and  of  our  feeling  with  regard 
to  'I.-  ^^*^  recognize  with  sympathy  the  desire  of  the  Government 
of  the  United  States  to  see  the  European  war  conducted  in  accord- 
ance with  the  previously  recognized  rules  of  international  law  and 
the  dictates  of  humanity.  It  is  thus  tiiat  the  British  forces  have  con- 
ducted the  war,  and  we  are  not  aware  that  these  forces,  either  naval 
or  military,  can  have  laid  to  their  charge  any  improper  proceedings 
either  m  the  conduct  of  hostilities  or  in  the  treatment  of  prisoners  or 
wounded.    On  the  German  side  it  has  been  very  different. 

1.  The  treatment  of  civilian  inhabitants  in  Belgium  and  the  north 
of  France  has  been  made  public  by  the  Belgian  and  French  Govern- 
ments and  by  those  who  have  had  experience  of  it  at  first  hand 
Modem  history  affords  no  precedent  for  the  sufferings  that  have  been 
inflicted  on  the  defenseless  and  noneombatant  population  in  the  terri- 
tory that  has  been  in  German  military  occupation.  Even  the  food  of 
vhe  population  was  confiscated  until  in  Belgium  an  International 
Commission,  largely  influenced  by  American  generosity  and  conducted 
under  American  auspices,  came  to  the  relief  of  the  population  and 
secured  from  the  Gerraan  Government  a  promise  to  spare  what  food 
was  still  left  in  the  country  though  tlie  Germans  .still  continue  to 
make  levies  in  money  upon  the  defenseless  population  for  the  sup- 
port  of  the  German  Army. 

2.  We  have  from  time  to  time  received  most  terrible  accounts  of 
the  barbarous  treatment  to  which  British  officers  and  soldiers  have 
been  exposed  after  they  have  been  taken  prisoner  while  beinij  con- 
veyed to  German  prison  camps;  one  or  two  instances  have  aFrcady 
been  given  to  the  United  States  Government  founded  upon  authentic 
and  first-hand  evidence  which  is  beyond  doubt.  Some  evidence  has 
been  received  of  the  hardships  to  which  British  prisoners  of  war  are 
subjected  in  the  prison  camps  contrasting,  we  believe,  most  unfavor- 
ably with  the  treatment  of  German  pri.soners  in  this  countrj-  We 
have  propascd.  with  the  consent  of  the  United  States  Government 
that  a  commission  of  United  States  officers  should  be  permitted  in 
each  country  to  inspect  the  treatment  of  prisoners  of  war.  The  United 
States  Government  have  been  unable  to  obtain  any  reply  from  the 
German  Government  to  this  proposal  and  we  remain  in  continuing 
anxiety  and  apprehension  as  to  the  treatment  of  British  prisoners  of 
war  in  Germany. 


THE  UNITED  STATES  AND  GERMANY  41 

3.  At  the  very  outset  of  the  war  a  German  mine  layer  was  dis- 
covered laying  a  mine  field  on  the  high  seas.  Further  mine  fields  have 
been  laid  from  time  to  time  without  warning  and  so  far  as  we  know 
are  still  being  laid  on  the  high  seas,  and  many  neutral  as  well  as 
British  vessels  have  been  sunk  by  them. 

4.  At  various  times  during  the  war  German  submarines  have 
stopped  and  sunk  British  merchant  vessels,  thus  making  the  sinkinir 
of  merchant  vessels  a  general  practice,  though  it  was  admitted  previ- 
2," -/V^V,"*  *'•'  °^^y  .""  *°  exception,  the  general  rule  to  which  the 
British  Government  have  adherud  being  that  merchant  vessels,  if 
captured,  must  be  taken  before  a  prize  court.    In  one  case  already 
quoted  in  a  note  to  the  United  States  Government,  a  neutral  vessel 
carrying  foodstuffs  to  an  unfortified  town  in  Great  Britain  has  been 
sunk.    Another  case  is  now  reported  in  which  a  German  armed  cruiser 
has  sunk  an  American  vessel,  the  William  P.  Fnje,  carrying  a  cargo 
of  wheat  from  Seattle  to  Queenstown.    In  both  cases  the  cargoes  were 
presumably  destined  for  the  civil  population.    Even  the  cargoes  in 
such  circumstances  should  not  have  been  condemned  without  the 
decision  of  a  prize  court,  much  less  should  the  vessels  have  been  sunk 
It  w  to  be  noted  that  both  these  eases  occurred  before  the  detention 
by  the  British  authorities  of  the  Wilhelmina  and  her  cargo  of  food- 
stuffs which  the  German  Government  allege  is  the  justification  for 
their  own  action.    The  Germans  have  announced  their  intention  of 
smkrng  British  merchant  vessels  by  torpedo  without  notice  and  with- 
out  any  provision  for  the  safety  of  the  crew.    They  have  already  ear- 
ned out  this  intention  in  the  case  of  neutral  as  well  as  of  British 
vesse  s,  and  a  number  of  noncombatant  and  innocent  lives  on  British 
ves^ls    unarmed  and  defenseless,  have  been  destroyed  in  this  way. 
V».X;«,7*K      "5  w^^r-  1°"^  defenseless  towns,  such  as  Scarborough, 
StT^l  '  r^^  ^^'l^^'  ^^^^  '^•^*^°  deliberately  and  wantonly  bomi 
uLJ   -^v  ^'T*"  ^^'^^  ?*  ''^'■'  '^""^'"g  '°  some  cases  considerable 
loss  of  civilian  life,  including  women  and  children 

Ur,A'    K  ™fu°  aircraft  have  dropped  bombs  on  the  east  coast  of  Eng- 

On  thT  nt'hi  r^  7T  ""^  '"'"^"'■y.  "'^  ^^^^^^^'  P°'°ts  to  be  attacked. 
On  the  other  hand.  I  am  aware  of  but  two  criticisms  that  have  been 

Skh°n„™f'\r*-f  ''^""  these  respects:  (1)  It  is  said  thatThe 
&t««  TK*"^^°"*'^^  ^^^  ^""^^  '^'^^  «°'"«  «°^h°»-ed  mines  on  the 
„I\  .■  A^.u7 .^'''"'  *^°°^  '"''  •'"t  the  mines  were  anchored  and  so 
constructed  that  they  would  be  harmless  if  they  went  adrift,  and  no 

weeks  atprtrrT''  ^^'V^'  ^''^  British  naval  authorities  till  man? 
weeks  after  the  Germans  had  made  a  regular  practice  of  laying  minra 

denar^eS'trtL  ^"^  ^'r^''^  ^^•'^^  ^^«  B"*'«"  GoveSeSt  havl 
departed  from  the  view  of  international  law  which  they  had  previ- 
ously mamtained  that  foodstuffs  destined  for  the  civU  populaTioL 
should  never  be  interfered  with,  this  charge  being  founded  on  he 
submission  to  a  prize  court  of  the  cargo  of  the  Wilhelmina  The  Z- 
cial  considerations  affecting  this  cargo  have  already  bJln  presented 

reneaftheTh^r  '?  '^'  ^t"^  ^'"'^^  Government"^  and  I S  not 
repeat  them  here.    Inasmuch  as  the  stoppage  of  all  foodstuffs  is  an 


42 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


I  -S.' 


admitted  conaequence  of  blockade,  it  is  obvious  that  there  can  be  no 
universal  rule  based  on  considerations  of  morality  and  humanity 
which  is  contrary  to  this  practice.  The  right  to  stop  foodstuffs  des- 
tined for  the  civil  population  must  therefore  in  any  ease  be  admitted 
if  an  effective  "cordon"  controlling  intercourse  with  the  enemy  is 
drawn,  announced,  and  maintained,  iloreover,  independently  of 
rights  arising  from  belligerent  action  in  the  nature  of  blockade,  some 
other  nations,  differing  from  the  opinion  of  the  Governments  of  the 
United  States  and  Great  Britain,  have  held  that  to  stop  the  food  of 
the  civil  population  is  a  natural  and  legitimate  method  of  bringing 
pressure  to  bear  on  an  enemy  country,  as  it  is  upon  the  defense  of  a 
besieged  town.  It  is  also  upheld  on  the  authority  of  both  Prince 
Bismarck  and  Count  Caprivi.  and  therefore  presumably  is  not  repug- 
nant to  German  morality.  The  following  are  the  quotations  from 
Prince  Bismarck  and  Count  Caprivi  on  this  point.  Prince  Bismarck, 
in  answering,  in  1885,  an  application  from  the  Kiel  Chamber  of  Com- 
merce for  a  statement  of  the  view  of  the  German  Government  on  the 
question  of  the  right  to  declare  as  contraband  foodstuffs  that  were 
not  intended  for  military  forces  said:  "I  reply  to  the  chamber  of 
commerce  that  any  disadvantage  our  commercial  and  carrying  inter- 
ests may  suffer  by  the  treatment  of  rice  as  contraband  of  war  does 
not  justify  our  opposing  a  measure  which  it  has  been  thought  fit  to 
take  in  carrying  on  a  foreign  war.  Every  war  is  a  calamity  which 
entails  evil  consequences,  not  only  on  the  combatants  but  also  on 
neutrals.  These  evils  may  easily  be  increased  by  the  interference  of 
a  neutral  power  wit  the  way  in  which  a  third  carries  on  the  war 
to  the  disadvantage  of  the  subjects  of  the  interfering  power,  and  by 
this  means  German  commerce  might  be  weighted  with  far  heavier 
losses  than  a  transitory  prohibition  of  the  rice  trade  in  Chinese  waters. 
The  measure  in  question  has  for  its  object  the  shoiiening  of  the  war 
by  increasing  the  difficulties  of  the  enemy,  and  is  a  justifiable  step 
in  war  if  impartially  enforced  against  all  neutral  ships."  Count 
Caprivi,  during  a  discussion  in  the  German  Reichstag  on  the  4th  of 
March,  1892,  on  the  subject  of  the  importance  of  international  pro- 
tection for  private  property  at  sea,  made  the  following  statements: 
"A  country  may  be  dependent  for  her  food  or  for  her  raw  products 
upon  her  trade.  In  fact,  it  may  be  absolutely  necessary  to  destroy 
the  enemy's  trade."  •  •  •  "The  private  introduction  of  provisions 
into  Paris  was  prohibited  during  the  siege,  and  in  the  same  way  a 
nation  woulvl  be  justified  in  preventing  the  import  of  food  and  raw 
produce."  The  Government  of  Great  Britain  have  frankly  declared, 
in  concert  with  the  Government  of  France,  their  intention  to  meet 
the  German  attempt  to  stop  all  supplies  of  every  kind  from  leaving 
or  entering  British  or  French  ports  by  themselves  stopping  supplies 
going  to  or  from  Germany  for  this  end.  The  British  fleet  has  insti- 
tuted a  blockade,  effectively  controlling  by  cruiser  "cordon"  all  pas- 
sage to  and  from  Germany  by  sea.  The  difference  between  the  two 
policies  is,  however,  that  while  our  object  is  the  same  as  that  of  Ger- 
many, wf  propose  to  attain  it  without  sacrificing  neutral  ships  or 
noncombatant  lives  or  inflicting  upon  neutrals  the  damage  that  must 


THE  UNITED  STATES  AND  GERMANY 


43 


be  entailed  when  a  vctwcl  and  it«  cargo  are  sunk  without  notice, 
examination,  or  trial.  I  muit  emphasize  again  that  thin  measure  iti 
a  natural  and  nceeiHary  coniequfnce  of  the  unprecedented  niethodi, 
repugnant  to  all  law  and  morality,  which  have  been  described  above, 
which  Germany  began  to  adopt  Bt  the  very  outset  of  the  war,  and 
the  effects  of  which  have  been  constantly  accumulating. 

Page. 


AmbassaJor  Oerard  to  the  Secretary  of  State. 

[Telegram— Paraphrase.] 

American  Emba8st, 
Berlin,  May  9.  191.5. 
Ambassador  Oerard  transmits  to  the  Department  the  following 
s'atement.  which  he  says  was  received  at  5.30  to-day  from  the  Ger- 
man Foreign  Oflficc,  relative  to  attacks  made  by  mistake  on  neutral 
vessels  of  commerce  by  German  submarines : 

First.  Imperial  German  Government  has  naturally  no  intention 
of  causing  to  be  attacked  by  submarines  or  air  craft  such  neutral 
ships  of  commerce  in  the  zone  of  naval  warfare,  more  definitely 
described  in  the  notice  of  the  German  Admiralty  staff  of  February  4 
last,  as  have  been  guilty  of  no  hostile  act ;  on  the  contrary,  the  most 
definite  instructions  have  repeatedly  been  issued  to  German  war 
vessels  to  avoid  attacks  on  such  ships  under  all  circumstances.  Even 
when  such  ships  have  contraband  of  war  on  board,  they  are  dealt 
with  by  submarines  solely  according  to  the  rules  of  international  law 
applying  to  prize  warfare. 

Two.  Should  a  neutral  ship,  nevertheless,  come  to  harm  through 
German  submarines  or  air  craft  on  account  of  an  unfortunate 
(•  •  •)  '  in  the  above-mentioned  zone  of  naval  warfare,  the  Ger- 
man Government  will  unreservedly  reeognize  its  responsibility 
therefor.  In  such  a  case  it  will  express  its  regrets  and  afford  dam- 
ages without  first  instituting  a  prize  court  action. 

Three.  It  is  the  custom  of  the  German  Government  as  soon  as  the 
sinking  of  a  neutral  ship  in  the  above-mentioned  zone  of  naval  war- 
fare is  ascribed  to  German  war  vessels  to  institute  an  immediate 
investigation  into  the  cause.  If  grounds  appear  thereby  to  be  given 
for  assuming  such  a  hypothesis,  the  German  Navy  places  itself  iu 
communication  with  the  interested  neutral  government,  so  that  the 
latter  may  also  institute  an  investigation.  If  the  German  Govern- 
ment is  thereby  convinced  that  the  ship  has  been  destroyed  by  Ger- 
man war  vessels,  it  will  not  delay  in  carrying  out  the  provisions  of 
paragraph  two  above.  In  case  the  German  Government,  contrary 
to  the  viewpoint  of  the  neutral  government,  is  not  convinced  by  the 

'  Apparent  omission. 


'     1 


44  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

remit  of  tL«  invettifation,  the  Gemum  Oovernment  hM  alretdy  on 
•everil  occmona  decUml  ilMlf  ready  to  allow  the  question  to  be 
decided  by  an  international  investigation  commiaaion  according  to 
chapter  tliree  of  The  Hague  Convention  of  October  18,  1907,  for  the 
peaceful  solution  of  international  diapntea. 


ftp 


Kl 


The  Secretary  of  State  to  Ambassador  Oerard. 

Department  of  State, 
Washington.  May  13,  1915. 

Please  call  on  the  Minister  of  Foreign  Affairs  and  after  reading 
to  him  this  communication  leave  with  him  a  copy. 

In  view  of  recent  acta  of  the  Oerman  authorities  in  violation  of 
American  rights  on  the  high  seas  which  culminated  in  the  torpedoing 
and  sinking  of  the  British  steamship  Lusitania  on  May  7,  1915.  by 
which  over  100  American  citizens  lost  their  lives,  it  is  clearly  wise 
and  desirable  that  the  Government  of  the  United  States  and  the 
Imperial  German  Government  should  come  to  a  clear  and  full  under- 
standing as  to  the  grave  situation  which  has  resulted. 

The  sinking  of  the  British  passenger  steamer  Falaha  hy  a  Ger- 
man submarine  on  March  28,  through  which  Leon  C.  Thrasher,  an 
American  citizen,  was  drowned ;  the  attack  on  April  28  on  the  Ameri- 
can vessel  Cushing  by  a  Oerman  aeroplane ;  the  torpedoing  on  May  1 
of  the  American  vessel  Gxdfiight  by  a  German  submarine,  as  a  result 
of  which  two  or  more  American  citizens  met  their  death ;  and,  finally, 
the  torpedoing  and  sinking  of  the  steamship  Lmitania,  constitute  a 
series  of  events  which  the  Government  of  the  United  States  has 
observed  with  growing  concern,  distress,  and  amazement. 

Recalling  the  humane  and  enlightened  attitude  hitherto  assumed 
by  the  Imperial  German  Government  in  matters  of  international 
right,  and  particularly  with  regard  to  the  freedom  of  the  seas;  having 
learned  to  recognize  the  German  views  and  the  German  influence  in 
the  field  of  international  obligation  as  always  engaged  upon  the  side 
of  justice  and  humanity ;  and  having  understood  the  instructions  of 
the  Imperial  German  Government  to  its  naval  commanders  to  be 
upon  the  same  plane  of  hum.-^ne  action  prescribed  by  the  naval  codes 
of  other  nations,  the  Government  of  the  United  States  was  loath  to 
believe— it  cannot  now  bring  itself  to  believe— that  these  acts,  bo 
absolutely  contrary  to  the  roles,  the  practices,  and  the  spirit  of 
modern  warfare,  could  have  the  countenance  or  sanction  of  that  great 


U  ' 


THE  UNITED  STATES  AND  GERMANY 


4S 


Oovenunent.  It  feeli  it  to  be  ita  duty,  therefore,  to  addrcM  Uie 
Imperial  German  Government  concerninft  them  with  the  utmoat 
frankneu  and  in  the  earneMt  hope  that  it  in  not  mintaken  in  ezpectinK 
action  on  the  part  of  the  Imperial  German  Govfrntnent  which  will 
correct  the  unfortunate  impreiaiona  which  have  b«H>n  created  and  vin- 
dicate once  more  the  poaition  of  that  Government  wifli  regard  to  the 
aacred  freedom  of  the  neas. 

The  Government  of  the  United  States  has  been  apprised  that  the 
Imperial  German  Government  considered  themNelven  to  be  obliged  by 
the  extraordinary  circumRtaneea  of  the  present  war  and  the  measurea 
adopted  by  their  adveraariea  in  Reeking  to  cut  Germany  off  from  all 
commerce,  to  adopt  methodH  of  retaliation  which  go  much  beyond  the 
ordinary  mcthoda  of  warfare  at  aea,  in  the  proclamation  of  a  war  zone 
from  which  they  have  warned  neutral  ahipa  to  keep  away.  This  Gov- 
emmcnt  has  already  taken  occasion  to  inform  the  Imperial  German 
Government  that  it  cannot  admit  the  adoption  of  such  measures  or 
such  a  warning  of  danger  to  operate  as  in  any  degree  an  abbrevia- 
tion of  the  rights  of  American  shipmasters  or  of  American  citizens 
bound  on  lawful  errands  as  pa^iengers  on  merchant  ships  of  belliger- 
ent nationality ;  and  that  it  must  hold  the  ImpTial  German  Govern- 
ment to  a  strict  accountability  for  any  infringement  of  those  rights, 
intentional  or  incidental.  It  doe  not  understand  the  Imperial  Ger- 
man Government  to  question  those  rights.  It  as-sumes,  on  the  con- 
trary, that  the  Imperial  Government  accept,  as  of  course,  the  rale 
that  the  lives  of  noncombatants,  whether  they  be  of  neutral  citizen- 
ship or  citizens  of  one  of  the  nations  at  war,  cannot  lawfully  or 
rightfully  be  put  in  jeopardy  by  the  capture  or  destruction  of  an 
unarmed  merchantman,  and  recognize  also,  as  all  other  nations  do, 
the  obligation  to  take  the  usual  precaution  of  visit  and  search  to 
iscertain  whether  a  suspected  merchantman  is  in  fact  of  belligerent 
nationality  or  is  in  fact  carrying  contraband  of  war  under  a  neutral 
flag. 

The  Government  of  the  United  States,  therefore,  desires  to  caU 
the  attention  of  the  Imperial  German  Governrjent  with  the  ntmost 
earnestness  to  the  fact  that  the  objection  to  their  present  method  of 
attack  against  the  trade  of  their  enemies  lies  in  the  practical  impossi- 
bility  of  employing  submarines  in  the  destruction  of  commerce  with- 
out disregarding  those  rules  of  fairness,  reason,  justice,  and  humanity 
which  all  modern  opinion  regards  as  imperative.  It  is  practically 
impossible  for  the  officers  of  a  submarine  to  visit  a  merchantman  at 
sea  and  examine  her  papers  and  cargo.    It  is  practically  impossible 


46 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


li 


lit 


for  them  to  make  a  prize  of  her ;  and,  if  they  cannot  put  a  prize  crew 
on  board  of  her,  they  cannot  sink  her  without  leaving  her  crew  and 
all  on  board  of  her  to  the  mercy  of  the  sea  in  her  small  boats.  These 
facts  it  is  understood  the  Imperial  German  Government  frankly  admit. 
We  are  informed  that  in  the  instances  of  which  we  have  spoken  time 
enough  for  even  that  poor  measure  of  safety  was  not  given,  and  in 
at  least  two  of  the  cases  cited  not  so  much  as  a  warning  was  received. 
Manifestly  submarines  cannot  be  used  against  merchantmen,  as  the 
last  few  weeks  have  shown,  without  an  inevitable  violation  of  many 
sacred  principles  of  justice  and  humanity. 

American  citizens  act  within  their  indisputable  rights  in  taking 
their  ships  and  in  traveling  wherever  their  legitimate  business  calls 
them  upon  the  high  seas,  and  exercise  those  rights  in  what  should 
be  the  well-justified  confidence  that  their  lives  will  not  be  endangered 
by  acts  done  in  clear  violation  of  universally  acknowledged  inter- 
national obligations,  and  certainly  in  the  confidence  that  their  own 
Government  will  sustain  them  in  the  exercise  of  their  righ'.4. 

There  was  recently  published  in  the  newspapers  of  the  United 
States,  I  regret  to  inform  the  Imperial  German  Government,  a  formal 
warning,  purporting  to  come  from  the  Imperial  German  Embassy 
at  Washington,  addressed  to  the  people  of  the  United  States,  and 
stating,  in  effect,  that  any  citizen  of  the  United  States  who  exercised 
his  right  of  free  travel  upon  the  seas  would  do  so  at  his  peril  if  his 
journey  should  take  him  within  the  zone  of  watcri  within  which  the 
Imperial  German  Navy  was  using  submarines  against  the  commerce 
of  Great  Britain  and  France,  notwithstanding  the  respectful  but 
very  earnest  protest  of  his  Government,  the  Government  of  the  United 
States.  I  do  not  refer  to  this  for  the  purpose  of  calling  the  atten- 
tion of  the  Imperial  German  Government  at  this  time  to  the  sur- 
prising  irregularity  of  a  communication  from  the  Imperial  German 
Embassy  at  Washington  addressed  to  the  people  of  the  United  States 
through  the  newspapers,  but  only  for  the  purpose  of  pointing  out 
that  no  warning  that  an  unlawful  and  inhumane  act  will  be  com- 
mitted can  possibly  be  accepted  as  an  excuse  or  palliation  for  that 
act  or  as  an  abatement  of  the  responsibility  for  its  commission. 

Long  acquainted  as  this  Government  h?s  been  with  the  character 
of  the  Imperial  German  Government  and  with  the  high  principles  of 
i  quity  by  which  they  have  in  the  past  been  actuated  and  guided,  the 
Government  of  the  United  States  cannot  believe  that  the  commanders 
of  the  vessels  which  committed  these  acts  of  lawlessness  did  so  ex  apt 
under  a  misapprehension  of  the  orders  issued  by  the  Imperial  Ger- 


THE  UNITED  STATES  AND  GERMANY 


47 


I 


man  naval  authorities.  It  takes  it  for  granted  that,  at  least  within 
the  practical  possibilities  of  every  such  case,  the  commanders  even 
of  submarines  were  expected  to  do  nothing  that  would  involve  the 
lives  of  noncombatants  or  the  safety  of  neutral  ships,  even  at  the 
cost  of  failing  of  their  object  of  capture  or  destruction.  It  confidently 
expects,  therefore,  that  the  Imperial  German  Government  will  dis- 
avow the  acts  of  which  the  Government  of  the  United  States  com- 
plains, that  they  will  make  reparation  so  far  as  reparation  is  possible 
for  injuries  which  are  without  measure,  and  that  they  will  take  imme- 
diate steps  to  prevent  the  recurrence  of  anything  so  obviously  sub- 
versive of  the  principles  of  warfare  for  which  the  Imperial  German 
Government  have  in  the  past  st  wisely  and  so  firmly  contended. 

The  Government  and  people  of  the  United  States  look  to  the  Im- 
perial German  Government  for  just,  prompt,  and  enlightened  action 
in  this  vital  matter  with  the  greater  confidence  because  the  United 
States  and  Germany  are  bound  together  not  only  by  special  ties  of 
friendship  but  also  by  the  explicit  stipulations  of  the  treaty  of  1828 
between  the  United  States  and  the  Kingdom  of  Prussia. 

Expressions  of  regret  and  offers  of  reparation  in  case  of  the  de- 
struction of  neutral  ships  sunk  by  mistake,  while  they  may  satisfy 
international  obligations,  if  no  loss  of  life  results,  cannot  justify  or 
excuse  a  practice,  the  natural  and  necessary  effect  of  which  is  to  sub- 
ject neutral  nations  and  neutral  persons  to  new  and  immeasurable 
risks. 

The  Imperial  German  Government  will  not  expect  the  Govern- 
ment of  the  United  States  to  omit  any  word  or  any  act  necessary 
to  the  performance  of  its  sacred  duty  of  maintaining  the  rights  of  the 
United  States  and  its  citizens  and  of  safeguarding  their  free  exer- 
cise and  enjoyment. 

Bryan. 


The  German  Minister  for  Foreign  Affairs  to  Ambassador  Gerard. 
[Translation.] 

_.         ^     .  Berlin,  May  28,  1915. 

The  undersigned  has  the  honor  to  make  the  following  reply  to  the 
note  of  His  Excellency,  Mr.  James  W.  Gerard,  Ambassador  of  the 
United  States  of  America,  dated  the  15th  instant,  on  the  subject 
of  the  impairment  of  many  American  interests  by  the  German  sub- 
marine war. 

The  Imperial  Government  has  subjected  the  statements  of  the 


48 


DIPLOMATIC  COBRESPONDENCE  BETWEEN 


I  k 

'i 


\\ 


I  iJ- 


Government  of  the  United  States  to  a  careful  examination  and  has 
the  lively  wish  on  its  part  also  to  contribute  in  a  convincing  and 
friendly  manner  to  dear  up  any  misunderstandings  which  may  have 
entered  into  the  relations  of  the  two  Governments  through  the  events 
mentioned  by  the  American  Government. 

With  regard  firstly  to  the  cases  of  the  American  steamers  Cushing 
and  Giilftight,  the  American  Embassy  has  already  been  informed  that 
it  is  far  from  the  German  Government  to  have  any  intention  of 
ordering  attacks  by  submarines  or  flyers  on  neutral  vessels  in  the 
zone  which  have  not  been  guilty  of  any  hostile  act ;  on  the  contrary 
the  most  explicit  instructions  have  been  repeatedly  given  the  Ger- 
man armed  forces  to  avoid  attacking  such  vessels.  If  neutral  vessels 
have  come  to  grief  through  the  German  submarine  war  during  the 
past  few  months  by  mistake,  it  is  a  question  of  isolated  and  excep- 
tional cases  \yhich  are  traceable  to  the  misuse  of  flags  by  the  British 
Government  in  connection  with  carelessness  or  suspicious  actions  on 
the  part  of  the  captains  of  the  vessels.  In  all  cases  where  a  neutral 
vessel  through  no  fault  of  its  own  has  come  to  grief  throu^  the 
German  submarine  or  flyers  according  to  the  facts  as  ascertained  by 
the  German  Government,  this  Government  has  expressed  its  regret 
at  the  unfortunate  occurrence  and  promised  indemnification  where 
the  facts  justified  it.  The  German  Government  will  treat  the  cases 
of  the  American  steamers  Cushing  and  Gul fight  according  to  the 
same  principles.  An  investigation  of  these  cases  is  in  progress.  Its 
results  will  be  communicated  to  the  Embassy  shortly.  The  investi- 
gation might,  if  thought  desirable,  be  supplemented  by  an  Inter- 
national Commission  of  Inquiry,  pursuant  to  Title  Three  of  The 
Hague  Convention  of  October  18,  1907,  for  the  pacific  settlement  of 
international  disputes. 

In  the  case  of  the  sinking  of  the  English  steamer  Falaha.  the 
commander  of  the  German  .submarine  had  the  intention  of  allowing 
passengers  and  crew  ample  opportunity  to  save  themselves. 

It  was  not  until  the  captain  disregarded  the  order  to  lay  to  and 
took  to  flight,  sending  up  rocket  signals  for  help,  that  the' German 
commander  ordered  the  crew  and  passengers  by  signals  and  mega- 
phone to  leave  the  ship  within  ten  minutes.  As  a  matter  of  fact  he 
allowed  them  twenty-three  minutes  and  did  not  fire  the  torpedo  until 
suspicious  steamers  were  hurrying  to  tlie  aid  of  the  Palaha. 

\yitli  regard  to  the  loss  of  life  when  the  British  passenger  .steamer 
Lusitaiiia  was  sunk,  the  Gorman  Government  has  already  expressed 
its  deep  regret  to  the  neutral  Governments  concerned  that  nationals 
of  those  countries  lost  their  lives  on  that  occasion.  Tlie  Imperial 
Government  must  state  for  the  rest  the  impression  that  certain  im- 
portant facts  most  directly  connected  with  the  sinking  of  the  Lusi- 
taiiia may  have  escaped  the  attention  of  the  Government  of  the 
United  States.  It  therefore  considers  it  necessary  in  the  interest  of 
the  clear  and  full  understanding  aimed  at  by  either  Government 
primarily  to  convinfo  itself  tiiat  the  reports  of  the  facts  which  are 
before  the  two  Governments  are  complete  and  in  agreement. 


Wi 


THE  UNITED  STATES  AND  GEBMANY 


49 


9. 


The  OoTerninent  of  the  United  States  proceeds  on  the  assninption 
that  the  Lutitania  is  to  be  considered  as  an  ordinary  unarmed  mer- 
chant vessel.  The  Imperial  Government  begs  in  this  connection  to 
point  out  that  the  Lusitania  was  one  of  the  largest  and  fastest  English 
commerce  steamers,  constructed  with  Government  funds  as  auxiliary 
cmiaers,  and  is  expressly  included  in  the  navy  list  published  by 
British  Admiralty.  It  is  moreover  known  to  the  Imperial  Govern- 
ment from  reliable  information  furnished  by  its  ofBciads  and  neutral 
passengers  that  for  some  time  practically  all  the  more  valuable  Eng- 
lish merchant  vessels  have  been  provided  with  guns,  ammunition,  and 
other  weapons,  and  reinforced  with  a  crew  specially  practiced  in 
manning  guns.  According  to  reports  at  hand  here,  the  Lusitania 
when  she  left  New  York  undoubtedly  had  guns  on  board  which  were 
mounted  under  decks  and  masked. 

The  Imperial  Government  furthermore  has  the  honor  to  direct 
the  particular  attention  of  the  American  Government  to  the  fact 
that  the  British  Admiralty  by  a  secret  instruction  of  February  of 
this  year  advised  the  British  merchant  marine  not  only  to  seek  pro- 
tection behind  neutral  flags  and  markings,  but  even  when  so  disguised 
to  attack  German  submarines  by  ramming  them.  High  rewards  have 
been  offered  by  the  British  Government  as  a  special  incentive  for 
the  destruction  of  the  submarines  by  merchant  vessels,  and  such 
rewards  have  already  been  paid  out.  In  view  of  these  facts,  which 
are  satisfactorily  known  to  it,  the  Imperial  Government  is  unable  to 
consider  English  merchant  vessels  any  longer  as  "undefended  terri- 
tory" in  the  zone  of  maritime  war  designated  by  the  Admiralty  Staff 
of  the  Imperial  German  Navy,  the  German  commanders  are  conse- 
quently no  longer  in  a  position  to  observe  the  rules  of  capture  other- 
wise usual  and  with  which  they  invariably  complied  before  this. 
Lastly,  the  Imperial  Government  must  specially  point  out  that  on 
her  last  trip  the  Lusitania,  as  on  earlier  occasions,  had  Canadian 
troops  and  munitions  on  board,  including  no  less  than  5,400  cases  of 
ammunition  destined  for  the  destruction  of  brave  German  soldiers 
who  are  fulfilling  with  self-sacrifice  and  devotion  their  duty  in  the 
service  of  the  Fatherland.  The  German  Government  believes  that  it 
acts  in  just  self-defense  when  it  seeks  to  protect  the  lives  of  its  sol- 
diers by  destroying  ammunition  destined  for  the  enemy  with  the 
means  of  war  at  its  command.  The  English  steamship  company  must 
have  been  aware  of  the  dangers  to  wh'ch  passengers  on  board  the 
Lvsitanin  were  exposed  under  the  circumstances.  In  taking  them  on 
board  in  spite  of  this  the  company  quite  deliberately  tried  to  use  the 
lives  of  American  citizens  as  protection  for  the  ammunition  carried, 
and  violated  the  clear  provisions  of  American  laws  which  expressly 
prohibit,  and  provide  punishment  for,  the  carrying  of  passengers  on 
ships  which  have  explosives  on  board.  The  company  thereby  wan- 
tonly caused  the  death  of  so  many  pa.ssengers.  Acoording  to  the 
express  report  of  the  submarine  commander  concerned,  which  is 
further  confirmed  by  all  other  reports,  there  can  be  no  doubt  that 
the  rapid  sinking  of  the  Lusitania  was  primarily  due  to  the  explosion 


60 


DIPLOMATIC  COBEESPONDENCE  BETWEEN 


t 


.  !  !• 


ill 


W\ 


n'-l 


k;S 


of  the  cargo  of  ammunition  caused  by  the  torpedo.  Otherwise,  in  all 
human  probability,  the  passengers  of  the  Lusitania  would  have  been 
saved. 

The  Imperial  Government  holds  the  facts  recited  above  to  be  of 
sufficient  importance  to  recommend  them  to  a  careful  examination  by 
the  American  Government.  The  Imperial  Government  begs  to  reserve 
a  final  statement  of  its  position  with  regard  to  the  demands  made  in 
connection  with  the  sinking  of  the  Lusitanm  until  a  reply  is  received 
from  the  American  Government,  and  believes  that  it  should  recall 
here  that  it  took  note  with  satisfaction  of  the  proposals  of  good  offices 
submitted  by  the  American  Government  in  Berlin  and  London  with 
a  view  to  paving  the  way  for  a  modus  vivendi  for  the  conduct  of 
maritime  war  between  Germany  and  Great  Britain.  The  Imperial 
Government  furnished  at  that  time  ample  evidence  of  its  good  will 
by  its  willingness  to  consider  these  proposals.  The  realization  of  these 
proposals  failed,  as  is  known,  on  account  of  their  rejection  by  the 
Government  of  Great  Britain. 

The  undersigned  requests  His  Excellency,  the  Ambassador,  to 
bring  the  above  to  the  knowledge  of  the  American  Government  and 
avails  himself  of  the  opportunity  to  renew,  etc. 

Von  Jaqow. 


The  German  Minister  for  Foreign  Affairs  to  Ambassador  Gerard. 
[Translation.] 

Berlin,  June  1,  1915. 

With  reference  to  the  note  of  May  28.  the  undersigned  has  the 
honor  to  inform  His  Excellency,  the  Ambassador  of  the  United  States 
of  America,  Mr.  James  W.  Gerard,  that  the  examination  undertaken 
on  the  part  of  the  German  Government  concerning  the  cases  of  the 
American  steamers  Gulflight  and  Cusliing  has  led  to  the  following 
conclusions : 

In  regard  to  the  attack  on  the  steamer  Gulflight,  the  commander 
of  a  German  submarine  saw  on  the  afternoon  of  May  1,  in  the  vicinity 
of  the  Scilly  Islands,  a  large  merchant  steamer  coming  toward  him, 
which  was  accompanied  by  two  small  vessels.  These  later  took  up 
such  a  position  in  relation  to  the  steamer  that  they  formed  a  regu- 
lation safeguard  against  submarines;  one  of  them,  moreover,  had  a 
wireios-s  apparatus,  which  is  not  as  a  rule  usual  with  small  vessels. 
P'  ■  'a  it  was  evidently  a  case  of  English  convoy  vessels.  Since 
suc  .els  are  regularly  armed,  the  submarine  could  not  approach 

the  steamer  on  the  surface  of  the  water  without  running  the  danger 
of  destruction.  On  the  other  hand,  it  was  to  be  assumed  that  the 
steamer  was  of  considerable  value  to  the  British  Government  since 
it  was  so  particularly  guarded.  The  commander  could  see  no  neutral 
markings  on  it  of  any  kind— that  is,  distinctive  marks  painted  on 


u 


■J 

I 

1 

I* 

'Si 


THE  UNITED  STATES  A>fD  GERMANY  61 

the  freeboard,  recognizable  at  a  distance,  such  as  are  now  usual  on 
neutral  ships  m  the  English  zone  of  naval  warfare.  In  consequence 
he  arrived  at  the  conclusion  from  all  the  circumstances  that  he  had 
to  deal  with  an  English  steamer  and  attacked  submerged.  The  tor- 
pedo came  in  the  immediate  neighborhood  of  one  of  the  convoy  ships, 
which  at  once  rapidly  approached  the  point  of  firing,  so  that  the 
submarine  was  forced  to  go  to  a  great  depth  to  avoid  being  rammed  j 
the  conclusion  of  the  commander  that  an  English  convoy  ship  was 
ol^fT^tJl^  '°  ^^'^  "^"^  confirmed.  That  the  attacked  steamer 
♦hi  K  ♦^^rr^°T'''"V*'^  '^^  ^"*  observed  at  the  moment  of  firing 
the  shot  The  fact  that  the  steamship  was  pursuing  a  course  which 
l!:.f,*ii  f^  "*''■  'T  ^^«"ca  was  a  further  reason  whv  it  did  not 
occur  to  the  commander  of  the  submarine  that  he  had  to  deal  with  an 
American  steamship. 

♦i,.^/§f°  scrutiny  of  the  time  and  place  of  the  occurrence  described, 
«tP«Jr».™*°  Government  has  become  convinced  that  the  attacked 
fnl  T«  ♦T  ""tf  *S*"""y.  *•»*  American  steamship  Oulflight.  Accord- 
ing to  the  attendant  circumstances  there  can  be  no  doubt  that  the 
^I  If'J*'**  l**  ^  attributed  to  the  fault  of  the  commander,  but  to 
«.rrPt/ryr «  "'"'^  °*;  ??  9f""*°  Government  expr^es  its 
ZZ  Ja  **'^Gove™"«>t  of  the  United  States  concerning  this  inci- 
d»m,nf  k""'  Itself  ready  to  furnish  full  recompeiSe  for  the 
fn?».^^-*^*^f''^  sustained  by  American  citizens.  It  begs  to  leave  it 
of  th1»  h'^™!''*"  °*  *  •*'  ^"r'^""  Government  to  present  a  statement 
SLi^t*  *""*^'  '"■•  '^•*o"»'t«  °»ay  arise  over  individual  points,  to 
designate  an  expert,  who  would  have  to  determine,  together  ^th  a 
German  expert,  the  amount  of  the  damage. 

„.»  1^^^  °°*  rl*^!"  possible  by  means  of  an  inquiry  fully  to  clear 
up  the  case  of  the  American  steamship  Cushing.^  A^cordiL  to  the 
official  reports  available,  only  one  merchant  steamship  was  attacked 

The  (£rLTn°/^?^  """"^^^  T  **»«  "^''^^y  °f  Nordhind  Lightship 
to  rnS^°t"'**""u'l°'"''"^'^  *^^  ""^^^^^  *«  hostile,  and  was  forcS 
to  consider  it  as  such  because  it  carried  no  flag  and  also  because  rf 
no  further  recognizable  neutral  markings.     The  attack    which  wm 

innlhl:f^TJ''^-ui^^^  Ship  attacked  was  the  American  steamer  Cush- 
n^l^^-f  'mpossible.  considering  the  time  and  place  of  the  occurrence  • 
?an  3lvi.^mp^t^.'™*°  Government  accordingly  requests  the  Wi- 
snLufl^^  •  ^.^^'^  communicate  to  it  the  material  which  has  been 
submitted  for  judgment,  in  order  that,  with  this  as  a  basis,  it  can  takS 
a  further  position  in  regard  to  the  matter 

*«~.  •  ,*•»«  undersigned  leaves  it  to  the  Ambassador  to  \  '  the 
SpoSt?,  ^tc;"^'""*^  "''''''"'''  '^  ^  Government';  £         ,  tS 

Von  Jaoow. 


52  DIPLOMATIC  COBBESPONDENCE  BETWEEN 

The  Secretary  of  State  to  Atnbauador  Gerard. 

[Telegram — Paraphraae.] 

Depabthent  or  State, 
Wathington,  June  2,  1915. 
Mr.  Bryan  mforma  Mr.  Gerard  that  evidence  supplied  thos  far 
regarding  S.  S.  Nehratkan,  an  American  veaael  leaving  Liverpool,  in- 
dicates that  she  was  hit  by  torpedo  May  25th,  in  the  evening.  He 
asks  Mr.  Gerard  whether  report  of  this  attack  has  been  received  by 
German  Government. 


Ml  \ 


\\\ 


It  i 

i 


The  Secretary  of  State  ad  interim  to  Amiassador  Oerard. 

DSPABTMSNT  OF  STATE, 

'Washington,  June  9,  1915. 
You  are  instructed  to  deliver  textually  the  following  note  to  the 
Minister  of  Foreign  Affairs: 

In  compliance  with  Your  Excellency's  request  I  did  not  fail  to 
transmit  to  my  Government  immediately  upon  their  receipt  your  note 
of  May  28  in  reply  to  my  note  of  May  15,  and  your  supplemental 
note  of  June  1,  setting  forth  the  conclusions  so  far  as  reached  by  the 
Imperial  German  Government  concerning  the  attacks  on  the  Ameri- 
can steamers  Gushing  and  Gulflight.  I  am  now  instructed  by  my 
Government  to  communicate  the  following  in  reply: 

The  Govermnent  of  the  United  Sutes  notes  with  gratification  the 
full  recognition  by  the  Imperial  German  Government,  in  discussing 
the  cases  of  the  Cushing  and  the  Gulflight,  of  the  principle  of  the 
freedom  of  all  parts  of  the  open  cea  to  neutral  ships  and  the  frank 
willingness  of  the  Imperial  German  Government  to  acknowledge  and 
meet  its  liability  where  the  fact  of  attack  upon  neutral  ships  "which 
have  not  been  guilty  of  any  hostile  act"  by  Gkrman  air  craft  or 
vessels  of  war  is  satisfactorily  established ;  and  the  Government  of  the 
Fnited  States  will  in  due  course  lay  before  the  Imperial  German  Gov- 
ernment, as  it  requests,  full  information  concerning  the  attach  on  the 
ateamer  Cushing. 

With  regard  to  the  sinking  of  the  steamer  Falaha,  by  which  an 
American  citizen  lost  his  life,  the  Government  of  the  United  States 
is  surprised  to  find  the  Imperial  German  Government  contending  that 
an  effort  on  the  part  of  a  merchantman  to  escape  capture  and  secure 
assistance  alters  the  obligation  of  the  officer  seeking  to  make  the  cap- 


THE  UNITED  STATES  AND  OEBMANT 


S3 


tine  in  reipect  of  the  safety  of  the  lives  of  those  on  board  the  iner- 
duBtman,  although  the  vessel  has  ceased  her  attempt  to  escape  wheo 
tinpedoed.  These  are  cot  new  circumstances.  They  have  been  in  the 
minds  of  statesmen  and  of  international  jurists  throughout  the  dev«l- 
opm«nt  of  naval  warfare,  and  the  Government  of  the  United  States 
does  not  understand  that  they  have  ever  been  held  to  alter  the  prin- 
ciples of  humanity  upon  which  it  has  insisted.  Nothing  but  actual 
forcible  resistance  or  continued  efforts  to  escape  by  flight  when 
ordered  to  atop  for  the  purpose  of  visit  on  the  part  of  the  merchant- 
man has  ever  been  held  to  forfeit  the  lives  of  her  passengers  or  crew. 
The  Government  of  the  United  States,  however,  does  not  understand 
that  the  Imperial  German  Government  is  seeking  in  this  case  to  relieve 
itself  of  liability,  but  only  intends  to  set  forth  the  circumstances  which 
led  the  commander  of  the  submarine  to  allow  himself  to  be  hurried 
into  the  course  which  he  took. 

Your  Excellency's  note,  in  discussing  the  loss  of  American  lives 
resulting  from  the  sinking  of  the  steamship  Lusiiania.  adverts  at 
some  length  to  certain  information  which  the  Imperial  German  Gov- 
ernment has  received  with  regard  to  the  character  and  outfit  of  that 
vessel,  and  Your  Excellency  expresses  the  fear  that  this  information 
may  not  have  been  brought  to  the  attention  of  the  Government  of  the 
United  States.  It  is  stated  in  the  note  that  the  Lusitania  was  un- 
doubtedly equipped  with  masked  guns,  supplied  with  trained  gunners 
and  special  ammunition,  transporting  troops  from  Canada,  carrying 
a  cargo  not  permitted  under  the  laws  of  the  United  States  to  a  vessel 
also  carrying  passengers,  and  serving,  in  virtual  effect,  as  an  auxiliary 
to  the  naval  forces  of  Great  Britain.  Fortunately,  these  are  matters 
concerning  which  the  Government  of  the  United  States  is  in  a  posi- 
tion to  give  the  Imperial  German  Government  official  information. 
Of  the  facts  alleged  in  Your  Excellency's  note,  if  true,  the  Govern- 
ment of  the  United  States  would  have  been  bound  to  take  official 
cognizance  in  performing  its  recognized  duty  as  a  neutral  power  and 
in  enforcing  its  national  laws.  It  was  its  duty  to  see  to  it  that  the 
Lusitania  was  not  armed  for  offensive  action,  that  she  was  not  serv- 
ing as  a  transport,  that  she  did  not  carry  a  cargo  prohibited  by  the 
statutes  of  the  United  States,  and  that,  if  in  fact  she  was  a  naval 
vessel  of  Great  Britain,  she  should  not  receive  clearance  as  a  mer- 
chantman; and  it  performed  that  duty  and  enforced  its  statutes  with 
scrupulous  vigilance  through  its  regularly  constituted  officials.  It  is 
able,  therefore,  to  assure  the  Imperial  German  Government  that  it 
has  been  misinformed.    If  the  Imperial  German  Government  should 


m 


r  ! 


M:i 


64  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

deem  it«elf  to  be  in  ponenion  of  convincing  evidence  that  the  ofll- 
ciaU  of  the  Qovernment  of  the  United  States  did  not  perform  theM 
duties  with  thoroughness,  the  Government  of  the  United  States  sin- 
cerely hopes  that  it  will  submit  that  evidence  for  consideration. 

Whatever  may  be  the  contentions  of  the  Imperial  German  Govern- 
ment regarding  the  carriage  of  contraband  of  war  on  board  the 
Lusitania  or  regarding  the  explosion  of  that  material  by  the  torpedo, 
it  need  only  be  said  that  in  the  view  of  this  Government  these  con- 
tentions are  irrelevant  to  the  question  of  the  legality  of  the  methods 
used  by  the  German  naval  authorities  in  sinking  the  vessel. 

But  the  sinking  of  passenger  ships  involves  principles  of  humanity 
which  throw  into  the  background  any  special  circumstances  of  detail 
that  may  be  thought  to  affect  the  cases,  principles  which  lift  it,  aa 
the  Imperial  German  Government  will  no  doubt  be  quick  to  recognize 
and  acknowledge,  out  of  the  class  of  ordinary  subjects  of  diplomatic 
discussion  or  of  international  controversy.    Whatever  be  the  other 
facts  regarding  the  Lusitania,  the  principal  fact  is  that  a  great 
steamer,  primarily  and  chiefly  a  conveyance  for  passengers,  and 
carrying  more  than  a  thousand  souls  who  had  no  part  or  lot  in  the 
conduct  of  the  war,  was  torpedoed  and  sunk  without  so  much  as  a 
challenge  or  a  warning,  and  that  men,  women,  and  children  were 
sent  to  their  death  in  circumstances  unparalleled  in  modern  warfare. 
The  fact  that  more  than  one  hundred  American  citizens  were  among 
those  who  perished  made  it  the  duty  of  the  Government  of  the  United 
States  to  speak  of  these  things  and  once  more,  with  solemn  emphasis, 
to  call  the  attention  of  the  Imperial  German  Government  to  the  grave 
responsibility  which  the  Government  of  the  United  States  conceives 
that  it  has  incurred  in  this  tragic  occurrence,  and  to  the  indisputable 
principle  upon  which  that  responsibility  rests.    The  Government  of 
the  United  States  is  contending  for  something  much  greater  than  mere 
rights  of  property  or  privileges  of  commerce.    It  is  contending  for 
nothing  less  high  and  sacred  than  the  rights  of  humanity,  which 
every  Government  honors  itself  in  respecting  and  which  no  Govern- 
ment is  justified  in  resigning  on  behalf  of  those  under  its  care  and 
authority.    Only  her  actual  resistance  to  capture  or  refusal  to  stop 
when  ordered  to  do  so  for  the  purpose  of  visit  could  have  afforded 
the  commander  of  the  submarine  any  justification  for  so  much  aa 
putting  the  lives  of  those  on  board  the  ship  in  jeopardy.    This  prin- 
ciple the  Government  of  the  United  States  understands  the  explicit 
instructions  issued  on  August  3,  1914,  by  the  Imperial  German  Admir- 
alty to  its  commanders  at  sea  to  have  recognized  and  embodied,  aa 


THE  UNITED  STATES  AND  GERMANY 


55 


3 

r 
.3- 


do  the  naval  codes  of  all  other  nationi,  and  upon  it  every  traveler 
and  seaman  had  a  right  to  depend.  It  is  upon  this  principle  of 
humanity  as  well  as  upon  the  law  founded  upon  this  principle  that 
the  United  States  must  stand. 

The  Government  of  the  United  States  is  happy  to  observe  that 
Your  Excellency's  note  closes  with  the  intimation  that  the  Imperial 
German  Government  is  willing,  now  as  before,  to  accept  the  good 
offices  of  the  United  States  in  an  attempt  to  come  to  an  understanding 
with  the  Government  of  Great  Britain  by  which  the  character  and 
conditions  of  the  war  upon  the  sea  may  be  changed.  The  Govern- 
ment of  the  United  States  would  consider  it  a  privilege  thus  to  serve 
its  friends  and  the  world.  It  stands  ready  at  any  time  to  convey  to 
either  Government  any  intimation  or  suggestion  the  other  may  be 
willing  to  have  it  convey  and  cordially  invites  the  Imperial  German 
Government  to  make  use  of  its  services  in  this  way  at  its  convenience. 
The  whole  world  is  concerned  in  anything  that  may  bring  about  even 
a  partial  accommodation  of  interests  or  in  any  way  mitigate  the 
terrors  of  the  present  distressing  conflict. 

In  the  meantime,  whatever  arrangement  may  happily  be  made 
between  the  parties  to  the  war,  and  whatever  may  in  the  opinion  of 
the  Imperial  German  Government  have  been  the  provocation  or  the 
circumstantial  justification  for  the  past  acts  of  its  commanders  at  sea, 
the  Government  of  the  United  States  confidently  looks  to  see  the  jus- 
tice and  humanity  of  the  Government  of  Germany  vindicated  in  all 
cases  where  Americans  have  been  wronged  or  their  rights  as  neu- 
trals invaded. 

The  Government  of  the  United  States  therefore  very  earnestly 
and  very  solemnly  renews  the  representations  of  its  note  transmitted 
to  the  Imperial  German  Government  on  the  15th  of  May,  and  relies 
in  these  representations  upon  the  principles  of  humanity,  the  uni- 
versally recognized  understandings  of  international  law,  and  the 
ancient  friendship  of  the  German  nation. 

The  Government  of  the  United  States  cannot  admit  that  the  proc- 
lamation of  a  war  zone  from  which  neutral  ships  have  been  warned 
to  keep  away  may  be  made  to  operate  as  in  any  degree  an  abbrevia- 
tion of  the  rights  either  of  American  shipmasters  or  of  American 
citizens  bound  on  lawful  errands  as  passengers  on  merchant  ships 
of  belligerent  nationality.  It  does  not  understand  the  Imperial  Ger- 
man Government  to  question  those  rights.  It  understands  it,  also, 
to  accept  as  established  beyond  question  the  principle  that  the  lives 
of  noncombatacts  cannot  lawfully  or  rightfully  be  put  in  jeopardy 


5«  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

by  the  capture  or  deatniction  of  an  anrniatinfr  merchantman,  and 
to  recogniM  the  oblijcation  to  take  mifflcient  precaution  to  aaeertain 
whether  a  miapected  merchantman  ia  in  fact  of  bellifrerent  nationality 
or  ia  in  fact  carrying  contraband  of  war  under  a  neutral  flag.  The 
Government  of  the  United  SUteg  therefore  deema  it  reaionable  to 
expect  that  the  Imperial  German  Government  will  adopt  the  meaa- 
urea  neceenary  to  put  these  principles  into  practice  in  respect  of  tb« 
•afeguarding  of  American  lives  and  American  ships,  and  asks  for 
aaaurancet  that  this  will  be  done. 

Robert  Lanhino, 
Secretary  of  State  ad  Interim, 


■^'M- 


'■  i 


I  f 


1! 


The  German  Minister  for  Foreign  Affairs  to  Ambassador  Gerard. 

FoREio>f  Office, 
Berlin,  July  8,  1915. 
The  undersigned  has  the  honor  to  make  the  following  reply  to  the 
note  of  His  Excellency,  Mr.  James  W.  Gerard,  Ambassador  of  the 
United  States  of  America,  dated  the  10th  ultimo.  Foreign  Office  No. 
3814,  on  the  subject  of  the  impairment  of  American  interests  by  the 
German  submarine  war: 

The  Imperial  Government  has  learned  with  satisfaction  from  the 
note  how  earnestly  the  Government  of  the  United  States  is  concerned 
in  seeing  the  principles  of  humanity  realized  in  the  present  war. 
Also,  this  appeal  meets  with  full  sympathy  in  Germany,  and  the 
Imperial  Government  is  quite  willing  to  permit  its  statements  and 
decisions  in  the  case  under  consideration  to  be  governed  by  the  prin- 
ciples of  humanity  just  as  it  has  done  always. 

The  Imperial  Government  welcomed  it  with  gratitude  when  the 
American  Government  in  its  note  of  May  15,  1915,  itself  recalled  that 
Germany  had  always  permitted  itself  to  be  governed  by  the  prin- 
ciples of  progress  and  humanity  in  dealing  with  the  law  of  maritime 
war.  Since  the  time  when  Frederick  the  Great  negotiated  with 
John  Adams.  Benjamin  Franklin,  and  Thomas  Jefferson  the  treaty 
of  friendship  and  commerce  of  September  10,  1785,  between  Prussia 
and  the  Republic  of  the  West.  German  and  American  statesmen  have 
in  fact  always  stood  together  in  the  struggle  for  the  freedom  of  the 
seas  and  for  the  protection  of  peaceable  trade.  In  the  international 
proceedings  which  have  since  been  conducted  for  the  regulation  of 
the  ri^t  of  maritime  war  Germany  and  America  have  jointly  advo- 


iM 


THE  UNITED  STATES  AND  GERMANY 


57 


US 


'% 


wt«d  progKHhre  principles,  MpeeUlly  the  aboUihincnt  of  the  right 
of  capture  at  lea  and  the  protection  of  the  interecu  of  neutrals.  Even 
at  the  beginning  of  the  present  war  the  German  Government  imme- 
diateir  declared  its  willingness,  in  response  to  the  propo^l  of  the 
American  Government,  to  ratify  the  Declaration  of  London  and 
thereby  to  subject  itself,  in  the  use  of  its  naval  forcM,  to  all  th« 
restrictions  provided  therein  in  favor  of  neutrals.  Germany  has 
likewise  been  always  tenacious  of  the  principle  that  war  should  be 
conducted  against  the  armed  and  or^nized  forces  of  the  enemy 
country,  but  tnat  the  civilian  populatira  of  the  enemy  must  be  spared 
as  far  as  possible  from  the  measures  of  war.  The  Imperial  Qovem< 
ment  cherishes  the  definite  hope  that  some  way  will  be  found  when 
peace  is  concluded,  or  perhaps  earlier,  to  regulate  the  law  of  mari- 
time war  in  a  manner  guaranteeing  ihe  fr<'edom  of  the  seas,  and  will 
welcome  it  with  gratitude  and  satisfaction  if  it  can  work  hand  in 
hand  with  the  American  Government  on  that  occasion. 

If  in  the  present  war  the  principles  which  should  be  the  ideal 
of  the  future  have  been  traversed  more  and  more  the  longer  its  dura- 
tion, the  German  Government  has  no  guilt  therein. 

It  is  known  to  the  American  Government  how  Germany's  adver- 
saries, by  completely  paralyzing  peaceable  faffic  between  Germany 
and  the  neutral  countries,  have  aimed  frr  ;  very  beginning,  and 

with  increasing  lack  of  consideration,  at  tt;  jstruction  not  so  much 
of  the  armed  forces  as  the  life  of  the  Genuan  nation,  repudiating 
in  so  doing  all  the  rules  of  international  law  and  disregarding  all 
the  rights  of  neutrals.  On  November  3,  1914,  England  declared  the 
North  Sea  to  be  a  war  area,  and  by  planting  poorly  anchored  mines 
and  the  stoppage  and  capture  of  vessels  made  passage  extremely 
dangerous  and  difBcult  for  neutral  shipping,  so  that  it  is  actually 
blockading  neutral  coasts  and  ports,  contrary  to  all  international 
law.  Long  before  the  beginning  of  the  submarine  war  England  prac- 
tically completely  intercepted  legitimate  neutral  navigation  to  Ger- 
many also.  Thus  Germany  was  driven  to  submarine  war  on  trade. 
On  November  16,  1914,  the  English  Prime  Minister  declared  in  the 
House  of  Commons  that  it  was  one  of  England's  principal  tasks  to 
prevent  food  for  the  German  population  frmn  reaching  Germany 
by  way  of  neutral  ports.  Since  March  1  of  this  year  England  has 
been  taking  from  neutral  ships,  without  further  formality,  all  mer- 
chandise proceeding  to  Germany,  as  well  as  all  merchandise  coming 
from  Germany,  even  when  neutral  property.  Just  as  was  the  case 
with  the  Boers,  the  German  people  is  now  to  be  given  the  choice  of 


M 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


S   U 


1 1 ' 


Li 


perithinff  from  lUnration,  with  iU  women  and  children,  or  of  itlin. 
quithinff  ite  independence. 

While  onr  enemiea  thus  loudly  and  openly  have  proclaimed  war 
without  mercy  until  our  utter  destruction,  we  are  conducting  war  in 
•elf-defenie  for  our  national  eziitcnce  and  for  the  sake  of  peace  of 
aMured  permanency.  We  have  been  obliged  to  adopt  lubmarine  war- 
fare to  meet  the  declared  intention!  of  our  enemies  and  the  method 
of  warfare  adopted  by  them  in  contravention  of  international  law. 
With  all  its  efforts  in  principle  to  protect  neutral  life  and  prop- 
erty from  damage  as  much  as  possible,  the  German  Oovemment 
recognized  unreservedly  in  its  memorandum  of  February  4  that  the 
interests  of  neutrals  might  suffer  from  submarine  warfare.  However, 
the  American  Government  will  also  understand  and  appreciate  that 
in  the  fight  for  existence  which  has  been  forced  upon  Germany  by  iu 
adversaries  and  announced  by  them,  it  is  the  sacred  duty  of  the 
Imperial  Oovemment  to  do  all  within  its  power  to  protect  and  to 
save  the  lives  of  German  subjects.  If  the  Imperial  Government  were 
derelict  in  these,  its  duties,  it  would  be  guilty  before  God  and  history 
of  the  violation  of  those  principles  of  the  highest  humanity  which 
are  the  foundation  of  every  national  existence. 

The  case  of  the  Lusiiania  shows  with  horrible  clearness  to  what 
jeopardizing  of  human  lives  the  manner  of  conducting  war  employed 
by  our  adversaries  loads.  In  most  direct  contradiction  of  inter- 
national law,  all  distinctions  between  merchantmen  and  war  vessels 
have  been  obliterated  by  the  order  to  British  merchantmen  to  arm 
themselves  and  to  ram  submarines  and  the  promise  of  rewards  there- 
for; and  neutrals  who  use  merchantmen  as  travelers  have  thereby 
been  exposed  in  an  increasing  degree  to  all  the  dangers  of  war. 
If  the  commander  of  thf  German  submarine  which  destroyed  the 
Lusitania  had  caused  the  crew  and  travelers  to  put  out  in  boaU 
before  firing  the  torpedo  this  would  have  meant  the  sure  destruction 
of  his  own  vessel.  After  the  experiences  in  the  sinking  of  much 
smaller  and  less  seaworthy  vessels,  it  was  to  be  expected  that  a  mighty 
ship  like  the  Lusitania  would  remain  above  water  long  enough,  even 
after  the  torpedoing,  to  permit  the  passengers  to  enter  the  ship's 
boats,  Circumstances  of  a  very  peculiar  kind,  especially  the  presence 
on  board  of  large  quantities  of  highly  explosive  materials,  defeated 
this  expectation.  In  addition,  it  may  be  pointed  out  that  if  the 
Lusitania  had  been  spared  thousands  of  cases  of  ammunition  would 
have  been  sent  to  Germany's  enemies  and  thereby  thousands  of  Ger- 
man mothers  and  children  robbed  of  their  supporters. 


m\ 


THE  UNITED  STATES  AND  OERMANY 


5» 


;g 


In  the  ipirit  of  friendship  with  which  the  Oeman  nation  hM  been 
imbaed  toward  the  Union  und  its  inhabitants  since  the  earliest  dayt 
of  iU  existence,  the  Imperial  Qovcrnment  will  always  be  ready  to 
do  all  it  can,  during  the  present  war  also,  to  prevent  the  jeopardising 
of  the  lives  of  American  citisens. 

The  Imperial  Oovemment  therefore  repeats  the  assurances  that 
American  ships  will  not  be  hindered  in  the  prosecution  of  legitimata 
■hipping,  and  the  lives  of  American  citizens  on  neutral  vessels  shall 
not  be  placed  in  jeopardy. 

In  order  to  eiclode  any  unforeseen  dangers  to  American  passenger 
steamers,  made  possible  in  view  of  the  conduct  of  maritime  war  on 
the  part  of  Germany's  adversaries,  the  German  submarines  will  bi 
instructed  to  permit  the  free  and  safe  passage  of  such  passenger 
ateamers  when  made  recognisable  by  special  markings  and  notified  t 
reasonable  time  in  advance.  The  Imperial  Government,  however, 
confidently  hopes  that  the  American  Government  will  auume  the 
guarantee  that  these  vessels  have  no  contraband  on  board.  The 
details  of  the  arrangements  for  the  unhampered  passage  of  these 
vef  ••Is  would  have  to  be  agreed  upon  by  the  naval  authorities  of 
bot.    iides. 

i  order  to  furnish  adequate  facilities  for  travel  across  the  Atlantic 
Ocean  for  Amvrican  citizens,  the  German  Government  submits  for 
consideration  a  proposal  to  increase  the  number  of  available  steamers 
by  installing  in  the  passenger  service  a  reasonable  number  of  neutral 
steamers,  the  exact  number  to  be  agreed  upon,  under  the  American 
flag  under  the  same  conditions  as  the  American  steamers  above 
mentioned. 

The  Imperial  Government  believes  that  it  can  assume  that  in  this 
manner  adequate  facilities  for  travel  across  the  Atlantic  Ocean  can  be 
afforded  American  citizens.  There  would  therefore  appear  to  be  no 
compelling  necessity  for  American  citizens  to  travel  to  Europe  in 
time  of  war  on  ships  carryinrr  an  enemy  flag.  In  particular  the 
Imperial  Government  is  unable  to  admit  that  American  citizens  can 
protect  an  enemy  ship  through  the  mere  lart  of  their  presence  on 
board.  Germany  merely  followed  England's  example  when  it  de- 
clared part  of  the  high  seas  an  area  of  war.  Consequently  accidents 
suffered  by  neutrals  on  enemy  ships  in  this  area  of  war  cannot  well 
be  judged  differently  from  accidents  to  which  neutrals  are  at  all 
times  exposed  at  the  seat  of  war  on  land  when  they  betake  them- 
selves  into  dangerous  localities  in  spite  of  previous  warning. 

If,  however,  it  should  not  be  possible  for  the  American  Gc  em- 


m 


60 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


■i . 


I   ! 


if 


Hi 


^\ 


ment  to  acquire  an  adequate  number  of  neutral  passenger  steamers, 
the  Imperial  Government  is  prepared  to  interpose  no  objections  to 
the  placing  under  the  American  flag  by  the  American  QoTemmeat 
of  four  enemy  passenger  steamers  for  the  passenger  trafftc  betweea 
America  and  England.  The  assurances  of  "free  and  safe"  passage 
for  American  passenger  steamers  would  then  be  extended  to  apply 
under  the  identical  pre-conditions  to  these  formerly  hostile  passenger 
ships. 

The  President  of  the  United  States  has  declared  hi.s  readiness,  in 
a  way  deserving  of  thanks,  to  communicate  and  suggest  proposals  to 
the  Government  of  Great  Britain  with  particular  reference  to  the 
alteration  of  maritime  war.  The  Imperial  Government  will  always 
be  glad  to  make  use  of  the  good  offices  of  the  President,  and  hopes 
that  his  efforts  in  the  present  case,  as  well  as  in  the  direction  of  the 
lofty  ideal  of  the  freedom  of  the  seas,  will  lead  to  an  understandin(?. 

The  undersigned  requests  the  Ambassador  to  bring  the  above  to 
the  knowledge  of  the  American  Government,  and  avails  himself  of 
the  opportunity  to  renew  to  His  Excellency  the  assurance  of  his  most 
distinguished  consideration.  Von  Jagow. 


Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram— Paraphrase.] 

American  Emb,vsst, 
Berlvi,  July  12.  1915. 
Following  memorandum  just  received  from  the  Foreign  Office: 

Memorandum  relative  to  the  damaging  of  the  American  steamer 
Nebrnskan  by  a  German  submarine: 

The  German  Government  received  from  newspaper  reports  the 
intclligenoe  that  the  American  steamer  Nebraxhan  had  been  damaged 
by  a  mine  or  torpedo  on  the  southwest  coast  of  Ireland.  It  therefore 
started  a  thorough  investigation  of  the  case  without  delay,  and  from 
the  result  of  the  investigation  it  has  become  convinced  that  the  dam- 
age to  the  Xebraslart  was  caused  by  an  attack  by  a  submarine. 

On  the  evening  of  May  25  last  the  submarine  met  a  steamer  bound 
westward  without  a  flag:  and  with  no  neutral  markings  on  her  free- 
board about  thirty -five  nautical  miles  west  of  Fastnet  Rock ;  no  appli- 
ance of  any  kind  for  the  illumination  of  the  flag  or  markings  was  to 
be  seen.  lu  the  twilight,  whicii  had  already  set  in,  the  name  of  the 
steamer  was  not  visible  from  the  submarine.  Since  the  commander 
of  the  submarine  was  obliged  to  assume,  from  his  wide  experience 
in  the  area  of  maritime  war,  that  only  English  steamers,  and  no 


THE  UNITED  STATES  AND  GERMANY 


61 


W 


■a 

■'"'4 


neutral  steamers,  traversed  this  war  area  without  flag  and  markings, 
he  attacked  the  vessel  with  a  torpedo  in  the  conviction  that  he  had 
an  enemy  vessel  before  him.  Some  time  after  the  shot  the  com- 
mander saw  that  the  vess*-'  had  in  the  meantime  hoisted  the  Ameri- 
can flag.  As  a  consequeuc-  ie  of  course  refrained  from  any  further 
attack.  Since  the  vessel  remained  afloat  he  had  no  occasion  to  con- 
cern himself  further  with  the  beats  which  had  been  launched. 

It  results  from  this,  without  a  doubt,  that  attack  on  the  steamer 
Nebraskan  was  not  meant  for  the  American  flag ;  nor  is  it  traceable 
to  any  fault  on  the  part  of  the  commander  of  the  German  submarine, 
but  is  to  be  considered  an  unfortunate  accident.  The  German  Gov- 
ernment eiprcrises  its  regret  at  the  occurrence  to  the  Government  of 
the  United  States  of  America  and  declares  its  readiness  to  make 
compensation  for  the  damage  thereby  sustained  by  American  citizens. 

As  in  the  case  of  the  steamer  Gvlfiight,  the  German  Government 
begs  to  suggest  that  the  American  Government  submit  to  it  a  detailed 
statement  of  such  damage,  or  if  doubt  might  arise  as  to  certain  points, 
to  designate  an  expert  to  fix  the  amount  of  compensation,  acting  in 
conjunction  with  a  German  expert. 

Gerard. 


The  Secretary  of  State  to  Ambassadw  Gerard. 

[Telegram.] 

Department  or  State, 
Washington,  July  21,  1915. 
You  are  instructed  to  deliver  textually  the  following  note  to  the 
Minister  for  Foreign  Affairs: 

The  note  of  the  Imperial  German  Government,  dated  the  8th  of 
July,  1915,  has  received  the  careful  consideration  of  the  Government 
of  the  United  States,  and  it  regrets  to  be  obliged  to  say  that  it  has 
found  it  very  unsatisfactory,  because  it  fails  to  meet  the  real  differ- 
ences between  the  two  Governments  and  indicates  no  way  in  which  the 
accepted  principles  of  law  and  humanity  may  be  applied  in  the  grave 
matter  in  controversy,  but  proposes,  on  the  contrary,  arrangements 
for  a  partial  suspension  of  those  principles  which  virtually  set  them 
aside. 

The  Ctovemment  of  the  United  States  notes  with  satisfaction  that 
the  Imperial  German  Government  recognizes  without  reservation  the 
validity  of  the  principles  insisted  on  in  the  several  communications 
which  this  Government  has  addressed  to  the  Imperial  German  Gov- 
ernment with  regard  to  its  announcement  of  a  war  zone  and  the 
use  of  submarines  against  merchant^ien  on  the  high  seas — ^the  prin- 
ciple that  the  high  seas  are  free,  that  the  character  and  cargo  of  a 
merchantman  must  first  be  ascertained  before  she  can  lawfully  bo 
seized  or  destroyed,  and  that  the  lives  of  noncombatanta  may  in  no 


:1^ 


1} 


n 


m 


m 


62  DIPLOMATIC  COBBESPONDENCE  BETWEEN 

case  be  put  in  jeopardy  unless  the  veusel  resists  or  seeks  to  escape 
after  bemg  summoned  to  submit  to  examination;  for  a  beUigerent 
act  of  retaliation  is  per  se  an  act  beyond  the  law,  and  the  defense  of 
mu  "retaliatory  is  an  admission  that  it  is  illegal 
The  Government  of  the  United  States  is,  however,  keenly  di%- 
appomted  to  find  that  the  Imperial  German  Govemient  regarcL 
Itself  as  in  large  degree  exempt  from  the  obligation  to  observe  these 
principles,  even  where  neutral  vessels  are  concerned,  by  what  it 
believes  the  policy  and  practice  of  the  Government  of  Great  Britain 
to  be  in  the  present  war  with  regard  to  neutral  commerce.  The  Im- 
"^I!,*  tT'^jr  Government  will  readily  understand  that  the  Govern- 
ment of  the  Inited  States  cannot  discuss  the  policy  of  the  Govem- 
nt^l  f-!  ^.ytam  with  regard  to  neutral  trade  except  with  that 

Government  itself,  and  that  it  must  regard  the  conduct  of  other  bel- 
ligerent governments  as  irrelevant  to  any  discussion  with  the  Imperial 
German  Government  of  what  this  Government  regards  as  grave  and 
unjustifiaWe  violations  of  the  rights  of  American  citizens  by  German 
naval  commanders  Illegal  and  inhuman  acts,  however  justifiable 
they  may  he  thought  to  be  against  an  enemy  who  is  believed  to  have 
ffn!-Ki"  ^i;°t™^e°ti°°  of  law  and  humanity,  are  manifestly  inde- 
fensible when  they  deprive  neutrals  of  their  acknowledged  rights 
particularly  when  they  violate  the  right  to  life  itself.  If  a  belligerent 
cannot  retaliate  against  an  enemy  without  injuring  the  lives  of  neu- 
J,f.'r!LZt  «%tj»"5  property,  humanity,  as  well  as  justice  and  a 
due  regard  for  the  dignity  of  neutral  powers,  should  dictate  that 
the  practice  be  discontinued.  If  persisted  in  it  would  in  such  cir- 
cumstances constitute  an  unpardonable  offense  agairst  the  sovereignty 
of  the  neutral  na  ion  affected.  The  Government  of  the  United  Stat^ 
IS  not  unmindful  of  the  extraordinary  conditions  created  by  this 
YMI^  of  the  radical  alterations  of  circumstance  and  method  of 
attack  produced  by  the  use  of  instrumentalities  of  naval  warfare 
which  the  nations  of  the  world  cannot  have  had  in  view  when  the 
existing  rules  of  international  law  were  formulated,  and  it  is  ready 
«r,!!?.o  r^^  reasonable  allowance  for  these  novel  and  unexpected 
nr'^ft,!,^  war  at  sea;  but  it  cannot  consent  to  abate  any  essential 
or  fundamental  right  of  its  people  because  of  a  mere  alteration  of 

nVrr/'*"'';  ^^'  ^'^^^If^  "'"^'^'^l'  '°  ^^^  0'  ^"  are  based  upon 
?♦  fc  l^  '/?*  "P?"  expediency,  and  the  principles  are  immutable. 
It  IS  the  duty  and  obligation  of  belligerents  to  find  a  way  to  adapt 
the  new  circumstances  to  them.  '  ^ 

DossTbleTnH 'nrV?'  ^IT^  ^*'  """f*^'  ^"^^  ^^^^^'^  >°<^J<^«ted  that  it  is 
possible  and  practicable  to  conduct  such  submarine  operations  as 

i^ri^Vl'''''^  '^'  ?'^*'^'^y  °f  *''^  Imperial  Germn T?  wTthfn 
S.J^r"'*^,^';  '°°^'°  substantial  accord  with  the  accepted  prao 
tices  of  regulated  warfare.  The  whole  world  has  looked  with  interest 
^dincreasing  satisfaction  at  the  demonstration  of  that  p^iib  Uty  by 
German  naval  commanders.  It  is  manifestly  possible,  therefore  to 
ft  the  whole  practice  of  submarine  attack  above  the  cri  1^  ihich 
It  has  aroused  and  remove  the  chief  causes  of  offense 


THE  UNITED  STATES  AND  GERMANY 


63 


In  view  of  the  admission  of  illegality  made  by  the  Imperial  Qov- 
ernment  when  it  pleaded  the  right  of  retaliation  in  defense  of  its  acts, 
and  in  view  of  the  manifest  poasibility  of  conforming  to  the  estab- 
lished rules  of  naval  warfare,  the  Qovernment  of  the  United  State* 
cannot  believe  that  the  Imperial  Government  will  longer  refrain  from 
disavowing  the  wanton  act  of  its  naval  commander  in  sinking  the 
Lusitania  or  from  oifering  reparation  for  the  American  lives  lost,  so 
far  as  reparation  can  be  made  for  a  needless  destruction  of  human 
life  by  an  illegal  act. 

The  Government  of  the  United  States,  while  not  indifferent  to  the 
friendly  spirit  in  which  it  is  made,  cannot  accept  the  suggestion  of 
the  Imperial  German  Government  that  certain  vessels  be  designated 
and  agreed  upon  which  shall  be  free  on  the  seas  now  illegally  pro- 
scribed. The  very  agreement  would,  by  implication,  subject  other 
vessels  to  illegal  attack  and  would  be  a  curtailment  and  therefore  an 
abandonment  of  the  principles  for  which  this  Government  contends 
and  which  in  times  of  calmer  counsels  every  nation  would  concede 
as  of  course. 

The  Government  of  the  United  States  and  the  Imperial  German 
Government  are  contending  for  the  same  great  object,  have  long 
stood  together  in  urging  the  very  principles,  upon  which  the  Govern- 
ment of  the  United  States  now  so  solemnly  insists.  They  are  both 
contending  for  the  freedom  of  the  seas.  The  Government  of  the 
United  States  will  continue  to  <  ''tend  for  that  freedom,  from  what- 
ever quarter  violated,  without  comt-romise  and  at  any  cost.  It  invites 
the  practical  cooperation  of  the  Imperial  German  Government  at  this 
time  when  cooperation  may  accompli  most  and  this  great  common 
object  be  most  strikingly  and  effectively  achieved. 

The  Imperial  German  Government  expresses  the  hope  that  this 
object  may  be  in  some  measure  accomplished  even  before  the  present 
war  ends.  It  can  be.  The  Government  of  the  United  States  not  only 
feels  obliged  to  insist  upon  it,  by  whomsoever  violated  or  ignored, 
in  the  protection  of  its  own  citizens,  but  is  also  deeply  interested  in 
seeing  it  made  practicable  between  the  belligerents  themselves,  and 
holds  itself  ready  at  any  time  to  act  as  the  common  friend  who  may 
be  privileged  to  suggest  a  way. 

In  the  meantime  the  very  value  which  this  Government  sets  upon 
the  long  and  unbroken  friendship  between  the  people  and  Govern- 
ment of  the  United  States  and  the  people  and  Government  of  the 
German  jiation  impels  it  to  press  very  solemnly  upon  the  Imperial 
German  Government  the  necessity  for  a  scrupulous  observance  of 
neutral  r  ghts  in  this  critical  matter.  Friendship  itself  prompts  it 
to  say  to  the  Imperial  Government  that  repetition  by  the  commanders 
of  German  naval  vessels  of  acts  in  contravention  of  those  rights  must 
be  regarded  by  the  Government  of  the  United  States,  when  thev 
affect  American  citizens,  as  deliberately  unfriendly, 

Lansino. 


64  DIPLOMATIC  COERESPONDENCE  BETWEEN 

The  Secretary  of  State  to  Ambassador  Gerard. 

[Telegram— Paraphrase.] 

Depabtment  op  State, 

Ambassador  Gerard  is  directed  to  S^S' i"^a'rV^>\e 
Department  of  State  a  full  report  of  facts  relating  to  th^sikS<r  of 
lEUTapr.  '''^  ''"''"""•'  ''^''''''  ^'^^  certffieS  copS  rf^hf 


l! 


n 


\i 


>t 


!!  i 


The  German  Amoassador  to  the  Secretary  of  State. 
[Telegram.] 

T .    .      ,  ,  ,  ^  New  York,  August  24,  1915 

I  am  instructed  by  my  Government  to  communicate  Se  follow- 
ing  to  you: 

ava^able"  "ti.^'^^^LI"  iT"*'*'"  "^°"*  *^^  ^°^«8  «*  ^^e  Arabic  is 
?he  TTn  tP^^  .  ^n*'  <5overnment  trusts  that  the  Government  of 
lit  ~^t  ''*?'  '"i"  "°*  *"''"  *  ''efi"^*^  stand  aft. .  )nly  hearing 
the  reports  commg  from  one  side,  which,  according  to  the  odSoI 
of  my  Government,  cannot  possibly  correspond  with  the  factJTt 
Shoulh  I?v  r'"^*""^  Government  a  chance  to  be  h^rd^Uly 
Although  my  Government  does  not  doubt  the  good  faith  of  the  wit- 
nesses  whose  statements  have  been  published  by^the  ne^DaoIrs  i^ 

St  easXnrJfJ!  °«*""»y.  l'^^"  "?ade  in  great  excitement  which 
Slit  llv?y   wv  •  ^r!?°e  impression.    In  ease  Americans  should 

sSe^n^ironirSersiSter-^ '''  ^^-"^  sy^jarhns 

Jundfflef  m?W  whJt'>.^°°^  '"'"^^  ^'^  P"^^^  ♦h^  ^^^^  «  to 
Junajy  Jet  me  know  whether  you  agree  to  my  publishing  itt 

J.  Bebnstorpp. 

The  German  Ambassador  to  the  Secretary  of  State. 

German  Embassy, 
My  dear  3Ik.  Secretary:  ^"^^i^ff^on,  September  1,  1915. 

With  reference  to  our  conversation  of  this  morning  I  beff  to 
inform  you  that  my  instructions  concerning  our  answer  to  your  last 
I'  - .tama  note  contain  the  following  passage- 


Hi 


THE  UNITED  STATES  AND  GERMANY 


be 
of 

lie 


65 


Liners  will  not  be  sunk  by  our  submarines  without  warning  and 
without  safety  of  the  lives  of  nonconibatants,  provided  that  the  liners 
do  not  try  to  escape  or  offer  resistance. 

Although  I  know  that  you  do  not  wish  to  discuss  the  Lusitania 
question  till  the  Arabic  incident  has  been  definitely  and  satisfactorily 
settled,  I  desire  to  inform  you  of  the  above  because  this  policy  of 
my  Government  was  decided  on  before  the  Arabic  incident  occurred. 

I  have  no  objection  to  your  making  any  use  you  may  please  of 
the  above  inforuiution. 

I  remain,  etc.,  J.  Bernstorfp. 


V- 


The  German  Ambassador  to  the  Secretary  of  State. 

[Translation.] 

German  Embassy. 
Cedarhurst,  N.  Y.,  September  4,  1915. 
Mr.  Secretary  of  State: 

On  the  25th  of  last  month  an  English  merchant  vessel  fired  on  a 
German  submarine  in  the  Irish  Sea  without  any  challenge  of  any  kind. 

On  the  18th  of  the  same  month  a  German  submarine  was  fired 
on  in  Bristol  Channel  by  an  English  passenger  steamer  that  had  been 
summoned  to  stop. 

By  direction  of  my  Government  I  have  the  honor  to  bring  those 
cases  to  Yonr  Excellency's  notk-e  in  order  again  to  lay  stress  on  the 
point  that  British  merchant  vessels  which  attack  German  submarines 
of  course  expose  themselves  to  the  danger  of  destruction ;  American 
citizens  who  travel  on  such  vesseb  do  so  on  their  own  responsibility 
and  incur  the  greatest  risk. 

Accept,  etc.,  j.  Bernstorff. 


Ambassador  Gerard  to  the  Secretary  of  State. 

American  Embassy, 
Berlin,  September  7.  1915. 
Foreign  OflBce  sends  me  the  following  report  of  the  sinking  of  the 
Arabic,  with  the  request  that  it  be  brought  to  the  knowledge  of  the 
American  Government: 

On  the  19th  of  August  a  German  submarine  stopped  the  English 
steamer  Dunsley  about  sixty  nautical  miles  south  of  Kinsale  and  was 
on  the  point  of  sinking  the  prize  by  gun  fire  after  the  crew  had  left 


66 


DIPLOMATIC  CORBESPONDENCE  BETWEEN 


(,( 


II 


the  veasel.  At  this  moment  the  commander  saw  a  large  steamer  making 
directly  toward  him.  This  steamer,  which,  as  developed  later,  was 
identical  with  the  Arabic,  was  recognized  as  an  enemy  vessel,  as  she 
did  not  fly  any  flag  and  bore  no  neutral  markings.  When  she 
approached  she  altered  her  original  course,  but  then  again  pointed 
directly  toward  the  submarine.  From  this  the  commander  became 
convinced  that  the  steamer  had  the  intention  of  attacking  and  ram- 
ming him.  In  order  to  anticipate  this  attack  he  gave  orders  to  have 
the  submarine  submerge  and  fired  a  torpedo  at  the  steamer.  After 
firing  he  convinced  himself  that  the  people  on  board  were  being 
rescued  in  fifteen  boats. 

According  to  his  instructions  the  commander  was  not  allowed  to 
attack  the  Arabic  without  warning  and  without  saving  lives  unless 
the  ship  attempted  to  escape  or  offered  resistance.  He  was  forced 
to  conclude  from  the  attendant  circumstances  that  the  Arabic  planned 
a  violent  attack  on  the  submarine.  This  conclusion  was  all  the  more 
obvious,  as  he  had  been  fired  upon  at  a  great  distance  in  the  Irish  Sea 
on  August  14— that  is,  a  few  days  before— by  a  large  passenger 
steamer  apparently  belonging  to  the  British  Royal  Mail  Steam  Packet 
Company,  which  he  had  neither  attacked  or  stopped. 

The  German  Government  most  deeply  regrets  that  lives  were  lost 
through  the  action  of  the  commander.  It  particularly  expresses  this 
regret  to  the  Government  of  the  United  States  on  account  of  the  death 
of  American  citizens.  The  German  Government  is  unable,  however, 
to  acknowledge  any  obligation  to  grant  indemnity  in  the  matter,  even 
if  the  'Commander  should  have  been  mistaken  as  to  the  aggressive 
intentions  of  the  Arabic.  If  it  should  prove  to  be  the  case  that  it 
is  impossible  for  the  German  and  the  American  Government  to  reach 
a  harmonious  opinion  on  this  point,  the  German  Government  would 
be  prepared  to  submit  the  difference  of  opinion  as  being  a  question 
of  international  law  to  The  Hague  tribunals,  pursuant  to  Article  38 
of  The  Hague  Convention  for  the  Pacific  Settlement  of  International 
Disputes.  In  so  doing  it  assumes  that  as  a  matter  of  course  tho 
arbitral  decision  shall  not  be  admitted  to  have  the  importance  of  a 
general  decision  on  the  permissibility  or  the  converse  under  inter- 
national law  of  German  submarine  warfare. 

Berlin,  September  7,  1915.  Gerabd. 


T,, 


f1 


'■If' 


THE  UNITED  STATES  AND  GERMANY 
Ambassador  Qerard  to  the  Secretary  of  State. 


67 


Amebicax  Eubasst, 
Berlin,  September  11,  1915. 
Sa:  With  reference  to  my  telegram  of  the  10th  inatant,  No.  2867,' 
I  have  the  honor  to  transmit  herewith  a  copy  and  translation  of  the 
note  received  from  the  Imperial  Foreign  OflSce  dated  September  9, 
1915,  inelosini?  the  report  of  the  attack  on  the  steamer  Orduna  by  a 
German  submarine. 

I  have,  etc.,  James  W.  Gerabd. 


[  Inclosure — Translation.  ] 

The  Oerman  Minister  for  Foreign  Affairs  to  Ambassador  Gerard. 

Foreign  OrncE. 
_,  ,  Berlin,  September  9,  1915. 

The  undersigned  has  the  honor  to  transmit  herewith  to  His  Ex- 
cellency, Mr.  James  W.  Qerard,  Ambassador  of  the  United  Statea 
of  America,  in  reply  to  the  notes  of  July  27  and  September  1,  1915, 
F.  O.  4444 '  and  4959,'  a  memorandum  relative  to  the  attack  by  a 
German  submarine  on  the  English  passenger  steamer  Orduna. 

The  undersigned  avails  himself,  etc.,  Von  Jaoow 


[Subinclosure — Translation.] 

MEMORANDUM. 

At  about  quarter  past  seven  on  the  morning  of  July  9  last  a 
German  submarine  sighted  a  steamer  from  three  to  five  miles  away  and 
a  sailing  vessel  about  a  mile  away.  The  steamer  was  proceeding 
without  any  flag  or  neutral  markings  and  was  taken  for  a  smaU 
enemy  steamer  by  the  commander  of  the  submarine  on  account  of 
the  difficulty  of  observation  caused  by  the  unfavorable  weather. 
The  commander  decided  first  to  attack  the  steamer  submerged  and 
fired  a  torpedo  at  the  vessel  which  missed  its  mark. 

Hopmg  to  catch  the  steamer  above  the  water,  the  submarine  rose 
and  chased  the  steamer  on  the  surface.  The  steamer  did  not  stop 
when  a  shot  of  warning  was  fired,  and  therefore  several  shells  were 
fired  at  her  which  did  not  strike  her,  as  the  submarine  was  pitching 
about  and  the  distance  was  great.  The  submarine  then  proceeded 
to  the  sailmg  vessel,  which  was  shown  to  be  the  American  bark  Nor- 
mandte,  bound  from  New  York  to  Liverpool  with  a  cargo  of  lumber. 

'  Not  printed. 


68 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


Although  the  cargo  contained  contraband,  the  sailing  veaael  was  per- 
mitted to  continue  her  voyage  unhindered,  as  it  waa  impossible  to 
guarantee  that  the  crew  would  be  surely  rescued  in  the  sinull  boats  if 
the  ship  were  sunk. 

The  first  attack  on  the  Orduna  by  a  torpedo  was  not  in  accord- 
ance with  the  existing  instructions,  which  provide  that  large  pas- 
senger steamers  are  only  to  be  torpedoed  after  previous  warning  and 
after  the  rescuing  of  passengers  and  crew.  The  failure  to  observe 
the  instructions  was  based  on  an  error,  which  is  at  any  rate  com- 
prehensible, and  the  repetition  of  which  appears  to  be  out  of  the 
question,  in  view  of  the  more  explicit  instructions  issued  in  the  mean- 
time. Moreover,  the  commanders  of  the  submarines  have  been  re- 
minded that  it  is  their  duty  to  exercise  greater  care  and  to  observe 
carefully  the  orders  issued. 

Berlin,  September  9,  1915. 


II 


The  Secretary  of  State  to  Amhassad<yr  Oerard. 

[Telegram.] 

Department  of  State. 
Washington,  September  14.  1915. 
You  are  instructed  to  deliver  to  the  Foreign  Office  the  following 
summary  of  the  evidence '  on  file  in  the  Department  in  regard  to  the 
sinking  of  the  Arabic. 

(1)  It  is  generally  agreed  that  the  course  of  the  Arabic  drew  her 
nearer  to  the  Dunsley  from  the  time  the  Dunsley  and  Arabic  sighted 
each  other  until  about  the  time  the  Arabic  was  torpedoed.  (Affidavits 
of  Master,  First.  Second,  and  Third  Officers.  Mess  Steward  and  Sea- 
men of  Dunsley;  affidavits  of  Captain  and  Second  Officer  of  the 
Arabic:  unsworn  statements  of  three  American  passengers.)  The 
Officers  of  the  Dunsley  agree  that  the  Arabic  altered  her  course  some- 
what toward  the  Dunsley,  but  that  her  course  was  variable  or  zig- 
zag. (Affidavits  of  Master,  First.  Second,  and  Third  Officers  and 
Mess  Steward  and  one  Seaman  of  the  Dunsley;  affidavits  of  Captain 
and  Second  Officer  of  Arabic;  affidavit  of  one  American  passenger.) 
The  Third  Officer  stated  that  the  Arabic  began  the  zigzag  course  four 
miles  away  from  the  Dunsley.  Though  the  Arabic  at  times  necessarily 
pointed  toward  the  Dunsley,  at  the  time  the  torpedo  struck  .she  was 
moving  away  from  the  Dunsley.  (Affidavit  of  Captain  and  Second 
Officer  of  Arabic,  Third  Officer  of  Dun,sley,  and  one  passenger  of 
unknown  nationality  and  unsworn  statement  of  one  American 
passenger.) 

(2)  The  passengers  on  the  Arabic  variously  estimated  that  the 
Arabic  approached  the  Dunsley  to  within  one  to  five  miles.     (Affi- 

'  The  full  text  of  the  Hvidence  is  print'^d  in  the  American  .'  timal  of  Inter- 
national Law,  Special  bUj-j/lemeut,  October,  I'JIO,  pp.  203  et  «,. 


■I 


I 


THE  UNITED  STATES  AND  GERMANY  69 

davita  of  three  American  passengers;  unsworn  statements  of  three 
Araeriran  passengers  and  one  paHsenger  of  unknown  nationality.) 
While  the  Dunsley  was  sighted  several  miles  away,  the  officers  of  that 
vessel  estimated  that  the  Arabic  approached  to  one  and  a  half  to  three 
miles  from  the  Dunaley.  (Affidavits  of  Mostor,  First  and  Second 
Officers.)  And  one  Dunsley  seaman  swore  the  first  distance  was 
only  one  half  mile.  The  affidavits  of  the  Captain  and  the  Second 
Officer  of  the  Arabic  agree  that  the  Arabic  did  not  approach  nearer 
than  two  miles  to  the  Dunsley. 

(3)  It  appears  that  the  submarine  after  shelling  the  Dunsley  and 
after  sighting  the  Arabic  hid  behind  the  Dunsley  and  submerged 
before  the  explosion  of  the  torpedo  which  sank  the  Arabic.  (Affidavits 
of  Master,  First  and  Second  Officers,  Mess  Steward,  and  one  Sea- 
man of  Dunsley.) 

(4)  " 'nesses  are  in  agreement  that  the  submarine  was  not  seen 
from  the  Arabic  (affidavits  of  the  Captain  and  Second  Officer  of  the 
Arabic,  affidavits  of  three  American  passengers  and  unsworn  state- 
ment of  passenger  of  unknown  nationality),  and  that  the  Arabic 
could  not  have  seen  the  submarine  from  its  position  behind  the 
Dunsley  prior  to  submerging.  (Affidavit  of  Second  Officer  of  the 
Dunsley.) 

(5)  AH  agree  that  the  Arabic  received  no  warning.  (Affidavit  of 
six  American  passengers  and  two  passengers  of  unknown  nationality, 
and  the  unsworn  statements  of  tour  American  passengers  and  two 
passengers  of  unknown  nationality,  and  the  affidavits  of  Captain  and 
Second  Officer  of  the  Arabic.) 

(6^  The  torpedo  was  first  seen  by  the  passengers  at  an  estimated 
distance  of  150  to  300  yards  away.  (Affidavit  of  passenger  of  un- 
known nationality;  unsworn  statements  of  two  American  passengers 
and  one  passenger  of  unknown  nationality.)  The  Captain  of  the 
Arabic,  however,  swears  that  the  air  bubbles  and  the  torpedo  were 
only  300  feet  away  when  he  saw  them.  (It  appears  that  Consul 
Washington  at  Liverpool,  in  conversation  with  Captain  Finch  and 
the  Second  Officer  of  the  Arabic,  learned  that  they  saw  bubbles  of 
air  at  the  time  they  first  noticed  the  torpedo,  which  were  taken  to 
indicate  the  air  escaping  at  the  time  the  torpedo  was  expelled  from 
the  tube,  and  that  therefore  the  submarine  was  supposed  to  have 
been  only  300  feet  from  the  Arabic  and  about  two  miles  from  tiie 
Dumley,  when  the  torpedo  was  fired.  Consul  Washington's  three 
telegraphic  reports  of  August  24.) 

(7)  All  agree  that  the  torpedo  struck  the  Arabic  near  the  stem 
on  the  starboard  side.  (Affidavit  of  Captain,  Second  Officer  of  Duns- 
ley, and  two  American  passengers  and  a  passenger  of  unknown 
nationality,  and  unsworn   -tatenicnt  of  one  American   passenger.) 

From  a  diagram  made  bj  the  Second  Officer  of  the  Arnhic.  who 
observed  the  approach  of  the  torpedo  from  the  navigating  bridge, 
the  course  of  the  torpedo  was  almost  at  right  angles  to  the  course 
of  the  Arabic. 


it. 


70  DIPLOUATIC  C0BBB8P0NDBNCE  BETWEEN 

Th$  Oerman  Ambauador  to  the  Secretary  of  State. 

OXRIIAN   EMBAflST, 

Watkingtan,  October  5,  1915. 

Mt  DIA»  M».  SECmiTAIIT: 

Prompted  by  the  desire  to  reach  a  utiifactory  agreement  with 
regard  to  the  Arabic  incident  my  Government  has  given  me  the 
following  instructions: 

The  orders  issued  by  His  Majesty  the  Emperor  to  the  commanders 
of  the  German  submarines— of  which  I  notified  you  on  a  previous 
occasion — have  been  made  so  stringent  that  the  recurrence  of  inci- 
dents similar  to  the  Arabic  case  is  considered  out  of  the  question. 

According  to  the  report  of  Commander  Schneider  of  the  submarine 
that  Rank  the  Arabic,  and  his  affidavit  as  well  as  those  of  his  men, 
Commander  Schneider  was  convinced  that  the  Arabic  intended  to 
ram  the  submarine.  On  the  other  hand,  the  Imperial  Government 
does  not  doubt  the  good  faith  of  the  aflBdavits  of  the  British  oificera 
of  the  Arabic,  according  to  which  the  Arabic  did  not  intend  to  ram 
the  submarine.  The  attack  of  the  submarine,  therefore,  was  under- 
taken against  the  instructions  issued  to  the  commander.  The  Imperial 
Government  regrets  and  disavows  this  act  and  has  notified  Com- 
mander Schneider  accordingly. 

Under  these  circumstances  my  Government  is  prepared  to  pay  an 
indemnity  for  the  American  lives  which  to  its  deep  regret  have  been 
lost  on  the  Arabic.  I  am  authorized,  to  negotiate  with  you  about 
the  amount  of  this  indemnity. 

I  remain,  etc.,  J.  Bebnstobff. 


The  Secretary  of  State  to  the  Oerman  Ambassador. 

Department  op  State, 
Washington,  October  6,  1915. 
Mt  dear  Mr.  Ambassador: 

I  beg  to  acknowledge  the  receipt  of  your  note  of  yesterday 
informing  me  that  orders  to  the  commanders  of  the  German  sub- 
marines have  been  made  so  stringent  that  the  recurrence  of  inci- 
dents similar  to  the  Arabic  case  is  considered  out  of  the  question; 
that  the  attack  on  the  Arabic  was  undertaken  against  the  instruc- 
tions issued  to  the  commander  of  the  submarine;  and  that  the 
Imperial  Government  regrets  and  disavows  this  act  and  has  noti- 


THE  UNITED  STATES  AND  OERMANT 


71 


fled  C<muntnder  Schneider  accordingly.  Furthermore,  you  adviao 
me  that  your  Government  is  prepared  to  pay  aa  indemnity  for  th« 
loai  of  American  live*  and  that  you  are  authoriied  to  negotiate  with 
me  in  regard  to  this  indemnity. 

In  reply  I  hasten  to  inform  you  that  I  have  noted  with  latiif ac- 
tion the  above  asaurancei  of  your  Oovemment,  and  I  am  now  pre- 
pared to  negotiate  with  you  concerning  the  amount  of  the  indemnity. 
Steps  will  be  taken  at  once  to  come  in  touch  with  the  interested  per- 
sons, after  which  I  shall  be  pleased  to  communicate  with  you  further 
in  this  matter. 

I  am,  etc.,  Robkrt  Lansino. 


Ambassador  Oerard  to  the  Secretary  of  State. 

[Telegram — Paraphrase.  ] 

Amebican  Embasst, 
Berlin,  October  19,  1915. 
Ambassador  Gerard  reports  receipt  of  a  note  from  the  Gkrman 
Foreign  Office  dated  October  16,  relating  circumstances  of  destruc- 
tion of  the  Leelanaw  and  citing  in  justification  of  the  German  sub- 
marine's commander  the  Declaration  of  London  and  German  prize 
ordinance.  In  addition,  the  note  acknowledges  applicability  of  treaty 
as  in  the  case  of  the  American  vessel  Frye,  and  states  that  the  Lee- 
lanaw's  papers  have  been  sent  to  the  Hamburg  Prize  Court,  which 
will  pass  upon  the  case.  Ambassador  Gerard  also  reports  that  inter- 
ested American  parties  are  stated  to  be  represented  before  the  Prize 
Court. 


4.mb.  ssador  Gerard  to  the  Secretary  of  State. 

American  Eubasst, 
Berlin,  October  19,  1915. 
With  reference  to  the  Department's  telegram  No.  2022,  dated 
July  31,  1915,  3  p.  m.,  and  to  my  telegram  of  even  date,  No.  3023, 
I  have  the  honor  to  transmit  herewith  a  translation  of  a  note  received 
to-day  from  the  Imperial  Foreign  Office,  dated  October  16,  1915, 
relating  the  facts  of  the  sinking  of  the  American  steamer  Leelanaw 
by  a  German  submarine  on  July  25,  1915. 

I  have,  etc.,  J.  W.  Gebaed. 


T2  DIPLOMATIC  CORRESPO?n)ENCE  BETWEEN 

I  IncI(Mur»— TnuulBtion. ) 


1' 

Mi    i 


Powaov  Omos, 
Berlin,  October  16.  1915. 

NOTE  VCSB.UJC. 

The  Foreijrn  Offloe  has  the  honor  to  make  the  foUowinir  reolv  tit 
the  note  vcrbale  of  the  Embawy  of  the  United  StatM  of  AmiLl 
dated  August  2.  1915.  P.  O.  No.  4536.  relat"ve1o  the^inking  o^^^^^ 

2  1o'oVl2T»hT!?fi""'"^  wa«  .topped  by  a  German  iubmarine  at 
-J.IO  o  cloek  on  the  afternoon  of  July  25.  1915.  in  59  degreea  55  min- 

In^tn  Ih^'^t""'^'''  """^  ^  t"^"^  =^2  minute,  longitude  wIS^  Wd 
in(?  to  the  ahip'.  papem.  ahe  waa  on  a  vo  ^e  from  Archangel  to  Be^- 
fa8t ;  the  cargo  conaiated  of  flax.  The  /mander  of  tiu"fubmarine 
v«ri?""  *'•"  cargo  contraband  an.i  decided  accordingly  to  Sk  Se 
vessel  and  cargo.  He  aaw  to  it  that  the  crew  of  the  vewel  w„ 
safely  taken  aahore  and  took  the  ahip 'a  papera  of  the  ateamTr  Z-V 
lamw  on  board  the  submarine.  h  »«"  oi  loe  ateamer  Lee- 

Under  Article  21.  number  22  of  the  German  Pri»P  Oi-riin.no«  — 

r227r'f,aTi:to£'"''""r  f  ^priiiirTQ^"  7;?;;-.?,';s^^^ 

of  Anii'i  i«  101^ ^  oonHidcre,!  absolute  contraband.  The  Ordinance 
Q-^*^  /?•  ^^■^-  u*'  •"""""•"icated  to  'he  Embaaay  of  the  Unit^ 
atatea  of  A.nenca  by  note  verbale  of  April  22.  1915  (Ilia  8434) 
with  the  rr(,u«it  that  the  content,  be  brought  o  the  knowledge  of 
In/"?-*"  P°:«"''"™ent.  It  was  poaaible  therefore  for  the  HLn 
and  captam  of  the  .steamer  Leelmmv  to  have  knowledge  of  the  ffi" 

f^iL^m  •■/  ^  V'.To.?*'''."'^  """^  •'"♦''«'  to  seizure  without  furthfr 
formality  (mde  Article  .30  of  the  Gorman  Prize  Ordinance  •  Article  31 
of  the  Declaration  of  London).  According  to  value  and  bulk  the 
contraband  formed  more  tlinn  half  the  whok-  car,^^;  oonaequenti; 
the  vessel  herself  was  liable  to  coi.iiHtV.n  (^-.v/e  L  icin  41  nj  a 
f^AY 'J'\^''S^^''  Prize  Ordinance;  Article  40  of  the  Decia  2 
ion  of  London).    Since  the  German  commander  waa  unable  to  take 

ia'„^r"r U"*"  ■  ^T"°  P"''^  ^'»''°»t  «^^P««i"^  the  submarine  to 
danger  or  impairing  the  succesa  of  the  operations  in  which  it  waa 
engaged,  he  was  justified  in  destroying  the  ves.sel  (Article  113  of  The 

He'TuTfilfed'hifl'rT'  ^r'"!^  '^  ""^  '^'  Declaration  of  London) 
He  fulfilled  ha  obligation  of  placing  aU  persona  on  board  and  the 

f^J^  ^r^fiu  'n'^.y  ^A'-ti'^'e  "6  of  the  German  Prize  Ordinance 
Article  50  of  the  Declaration  of  London)  ^rumance. 

The  "ommander  therefore  acted  in  conformity  with  the  nrincinlea 

ex.!!!  n«n*'?"' A"^'-  ^^'  !^'f^'"'*>-  «•  t*-^  "'«"«■'»'•«'«  taken  by  him  U 
examinable  by  German  prize  jurisdi-.tion  according  to  Articl^  1 
number-  of  the  Gorman  Prize  Ordinance  (Article  51  of  thfoiclara 
tion  of  London)  The  .ship's  papers  have  already  been  Sent  to  the 
Prize  Court  at  Hamburg.  This  Court  will  have  to  decW^Jhe  oues 
tiona  whether  the  destruction  of  the  vessel  and  car^  wi  g " 


THE  UNITED  STATES  AND  OERMANT 


73 


I 


whether  the  property  ttink  wm  liable  to  conflicktion,  and  to  whom 
and  in  what  amount  indemnity  i«  to  be  awarded,  provided  any  claim 
therefor  ia  before  it.  It  in  true  that  in  thi>  present  caae,  aa  in  tb« 
caie  of  the  WUliam  P.  Fryt,  the  iipecial  proviaion*  of  Article  13  of 
the  Prui.:'-aD-American  Treaty  of  July  11,  1799,  are  to  be  coniiidered. 
purtuant  to  which  property  belonging  to  citiaenR  of  the  United  Statea 
of  America  may  only  be  confliioated  when  itn  value  ia  reiitured. 

It  appeara  from  information  received  from  the  Priie  Court  that 
the  American  shipping  intereata  have  already  intrwited  a  Hamburg 
attorney  with  the  rejpreaentation  of  their  right*  before  the  Prise 
Court.  The  Foreign  Office  beg*  to  reserve  a  note  concerning  the  out- 
come of  the  prise  proceedings. 


Ambcuiodor  Oerard  to  the  Secretary  of  State. 

[Telegram.) 

Americax  EiinASST. 
Berlin,  October  30,  1915. 
The  following  note  has  just  been  received  10  a.  m.  from  Foreign 
Office : 

Ambassador  Count  Bemstorflf  has  now  reported  ubout  the  nego- 
tiations conducted  in  Washington,  I).  C,  with  rofercnpc  to  the  Arabic 
incident,  and  also  vommunifated  to  mc  the  text  of  the  letter  he 
addressed  to  the  Hccretnry  of  State,  Mr.  Lflnsinjr. 

From  the  Ambassador'*  report  I  sfe  with  satisfaction  that  a  full 
understanding  has  been  reached  between  our  tw  j  Govemnients. 

A*  Count  Bernstorff,  acting  under  instructions  of  the  Imperial 
Oovcrnment.  has  already  pointed  out,  the  commander  of  the  sub- 
marine that  sank  the  Arabic  was  convinced  that  the  Arabic  intended 
to  ram  his  boat.  I  have  since  transmitted  by  mail  to  Count  Bern- 
storff the  evidence  on  file  here — that  i*,  a  legalize('  copy  of  the  report 
made  by  the  commander  of  the  submarine  on  September  2,  as  well 
aa  legalized  copies  of  the  hearing  of  the  witnes-ses,  conducted  on  Sep- 
tember 21.  in  the  matter  of  the  sinking  of  the  English  steamer  Arabic 
by  a  German  submarine,  together  with  the  diagram  and  English 
translations — and  have  requested  him  to  bring  this  evidence  to  the 
knowledge  of  the  American  Government.' 

I  beg  to  transmit  herewith  also  to  Your  Excellency  copies  of  the 
above-mentioned  documents,  for  I  trust  that  Your  Excellency's  Gov- 
ernment will  gain  from  them  the  conviction  that  the  circum.stances  ns 
explained  in  the  statements  of  the  witnesses  give  the  commander  of 
the  submarine  justified  reasons  for  hi.s  above-mentioned  supposition. 

The  German  Government,  on  the  other  hand,  as  Count  Bernstorflf 
has  already  informed  Mr.  Lansing,  does  not  want  to  refuse  to  credit 
the  affidavit  of  the  English  officers  of  the  Arabic,  according  to  which 

'  Not  printed. 


Ii  I 


74  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

no  submarine  wa«  seen  from  the  Arabic.  The  German  Government 
therefore  admits  that  whereas  the  commander  personally  was  con- 
vinced that  he  acted  in  self-defense,  there  was  in  fact  no  attempt 
made  to  ram  the  submarine.  I  may  therefore  repeat  Count  Bern- 
Btorff  8  statement  that  the  attack  of  the  submarine,  to  our  regret,  was 
not  in  accordance  with  their  instructions  issued,  and  that  the  com- 
mander has  been  notified  accordingly. 

As  it  has  been  the  intention  of  the  Imperial  Government  to  settle 
the  incident  m  a  friendly  manner.  Count  Bemstorflf  has  also  been 
instructed,  as  you  know,  to  declare  to  the  American  Government  our 
readiness  to  pay,  out  of  friendly  consideration  and  leaving  aside  the 
question  of  the  liability  resulting  from  international  law.  .in  indem- 
nity for  the  loss  of  the  American  lives  which  the  German  Govern- 
ment deeply  (•   •   •).» 

In  giving  again  expression  to  my  satisfaction  that  Count  Bern- 
storff  8  negotiations  with  tl*  Secretary  of  State,  Mr.  Lansing  have 
led  to  a  settlement  of  the  incident,  I  avail  myself  of  the  occasion  to 
renew  to  Your  Excellency  the  assurances  of  my  highest  consideration, 

(Signed)  Von  Jagow. 

GEBiUiO. 


IP 


The  Secretary  of  State  to  Ambassador  Gerard. 
[  Telegram— Paraphrase.  ] 

Department  op  State. 

.     ,         ,       „  Washington,  November  30,  1915. 

Ambassador  Gerard  is  directed  to  inform  the  German  Foreign 
Office  that  the  owners  of  the  Leelanaw  are  not  represented  before  the 
Prize  Court  and  that  for  the  same  reason  given  by  the  United  States 
Government  for  refusing  to  submk  the  question  of  the  amount  of 
indemnity  to  be  paid  in  the  William  P.  Frye  case  to  the  Prize  Court 
the  United  States  Government  desires  that  the  question  of  the  amount 
of  indemnity  to  be  paid  in  the  Leelanaw  case  shall  be  adjusted  by  dip- 
lomatic negotiations. 


Communication  from  German  Government  delivered  by  German 
Ambassador,  under  instructions. 

German  Embassy, 

Washingtcn  {Received  January  7,  1916). 
1.    German  submarines  in  the  Mediterranean  had,  from  the  begin- 
ning, orders  to  conduct  cruiser  warfare  against  enemy  merchant  ves- 
sels only  in  accordance  with  general  principles  of  international  law, 
'  Apparent  omiesiun. 


i- 


THE  UNITED  STATES  AND  GERMANY 


75 


and  in  particular  measures  of  reprisal,  as  applied  in  the  war  zone 
around  the  British  Isles,  were  to  be  excluded. 

2.  German  submarines  are  therefore  permitted  to  destroy  enemy 
merchent  vessels  in  the  Mediterranean — i.e.,  passenger  as  well  as 
r-«'i«cht  ships  as  far  as  they  do  not  try  to  escape  or  offer  resistance — 
C'Sr:  ait?r  passengers  and  crews  have  been  accorded  safety. 

3.  All  I , -js  of  destruction  of  enemy  merchant  ships  in  the  Medi- 
terrar.eai  which  German  submarines  are  concerned  are  made  the 
subjtct  ot  official  investigation  and,  besides,  submitted  to  regular 
psizu  "onvi  proceedings.  In  so  far  as  American  interests  are  con- 
cerned, the  German  Government  will  communicate  the  result  to  the 
American  Government.  Thus  also  in  the  Persia  case  if  the  circum- 
stances sihould  call  for  it. 

4.  If  commanders  of  German  submarines  should  not  have  obeyed 
the  orders  given  to  them  they  will  be  punished;  furthermore,  the 
German  Government  will  make  reparation  for  damage  caused  by 
death  of  or  injuries  to  American  citizens. 


Ambassador  Gerard  to  the  Secretary  of  Staie. 

[Telegram — Paraphrase.] 

American  Embassy, 
Berlin,  January  17,  1916. 
Mr.  Gerard  reports  that  he  has  been  informed  by  German  Under 
Secretary  Zimmerman  that  all  German  submarines  have  now  reported 
and  that  a  German  submarine  did  not  cause  the  sinking  of  the  Persia. 


Memorandum  from  the  German  Embassy} 


German  Embassy, 
Washington. 


memorandum. 


The  Imperial  German  Government,  on  account  of  the  friendly 
relations  which  have  always  existed  between  the  two  great  Nations 
and  earnestly  desiring  to  continue  them,  wishes  to  explain  the  U  boat 
question  once  more  to  the  American  Government. 

At  the  outbreak  of  the  war  the  German  Government,  acting  upon 
the  suggestion  of  the  United  States,  immediately  expressed  its  readi- 
ness to  ratify  the  Declaration  of  London.  At  that  time  a  German 
prize  code  had  already  been  issued,  which  was  entirely — and  with- 

*  Received  by  the  {Secretary  of  State  March  8,  1916. 


m 


76  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

out  modification— based  upon  the  rules  of  the  Deolaratinn  of  T«r,^^ 
Germany  thereby  proved  her  willingness  to  recoS^ze  fuMy  th^  eS?' 
Tnf  .T'1  °*  '°t^'-'^«tional  law  which  insure  the^Veedom  of  the  sea 

the  legitimate  trade  of  the  neutrals  in  order  to  h  t  G  rmanv  The 
contraband  provisions  were  systematically  extended  on  1m' 5  20 
September  21  and  October  29,  1914.  On  Cember  3^9  4  th; 
order  of  the  British  Admiralty  followed.  declarLTtlie  whole  Norf J 
Sea  a  war  zone,  m  which  commercial  shipping  would  be  exnosedta 
nwst  serious  dangers  from  mines  and  men-ofwfr  Protests  from  neu 
trals  were  of  no  avail,  and  from  that  time  on  the  freeS  of  neutral 

oZZT  ^'P^  ^'^'•'"""■^  ^^^  practically  destroyed     UnTr  these  cir 
cumstances  Germany  was  compelled  to  resort,  in  February   1915   to 
reprisals  in  order  to  fight  her  opponents'  measures  whTch  were  abso 
lutely  contrary  to  international  law.     She  chose  forthS  pur?,ose  a 
n^irrr"'  '^'.  "^^'f-  ^^'*=*»  ^^'^  "«*  y*^*  ^een  regu lated^byTnter 
rn  pfh  t  ''''7"*''-  ,'"*^°'°^  "*''  •^""^'^  ^"'i  ^'^  "ot  violate  any  ex  sting 

[hi^ubmaS  a."^°  ^""""^  ''''  P^*-'""^"^^  "^  *'"^  --  -P0° 
fl,«''i!l!  "'^  ""^  the  submarine  naturally  necessitated  a  restriction  of 
Ihi/h  r  '"«^^°>ents  of  neutrals  and  constituted  a  danger  for  them 
which  Gerniany  intended  to  ward  off  by  a  special  warning  analoKOu" 

As  3^1,^"^'"!'*  ^%^  ^^''"  '•^^'•'^'"^  the  North  Sea         ^ 
rr«f  R^!  —  "'^^'■^"*^^^'"'"«°>'  '»  her  note  of  February  17  and 
Great  Britain  in  those  of  February  18  and  20. 1915-claimedThat  tS 

Ena/"1a^bv'^^''^'^'  "'  "*""^^'°"  '''  the^ioZion'SriSeT 
national     law    by    their    opponents,    the    American     Government 

SStw  ^s'iKf /°^  ''^  r'^r  ?'  ^^>''°^  t«  "establLrinter- 
national  la«  as  it  had  been  m  force  before  the  war.    Germany  was 

neen  existing  for  the  former  naval  weapons  and  England  not  to  inter 
fere  with  the  food  supplies  intended  for  the  noncombatan  German 
population  and  to  admit  their  distribution  under  American  suoer 
vision.  Germany,  on  March  1.  1915.  declared  he^  wil  inSness  to 
Ci'LV^  'X'  ^?^T^  °f  the  American  Government  Sing 
if  March  ]l  °  9K '^"'^•.'^^'^'Jr.^  '^J^^  f "  ^^  ^he  Ord;r  in  Council 
nf  thtf      1        i  •  ^^^^^  Britain  abolished  even  what  had  remained 

boi?    fSZi ^  "h- '?'  '''^:  ^'^'^  ^^'•"^"y  «"^'  her  neutral~h 
the";  ilS'is    ''''  ""'  *'  '''''''  ^^™«"y  '°t«  submission  V 
Gernij.ny.  after  neutral  citizens  had  lost  their  lives  against  her 

:^i„"'p""Se?,uffi\f SIS';  -^'"'"^  "'-^'"^^ 

Then  England  made  it  impossible  for  submarines  to  conform  with 


THE  UNITED  STATES  AND  GERMANY 


77 


the  old  rules  of  international  law  by  arming  nearly  all  merchantmen 
and  by  ordering  the  use  of  the  guns  on  merchant  vessels  for  attack. 
Photographic  reproductions  of  those  instructions  have  been  trans- 
mitted to  neutral  Goveniments  with  the  memorandum  of  the  German 
Government  of  February  8,  1916.  These  orders  are  obviously  in  con- 
tradiction with  the  note  delivered  by  the  British  Ambassador  in 
"Wasliington  to  the  American  Government  on  August  2.5,  1914.  On 
account  of  the  proposals  made  by  the  United  States  on  January  23, 
1916,  regarding  disarmament,  the  Imperial  Government  hoped  that 
these  facts  would  enable  the  neutral  Governments  to  obtain  the  dis- 
armament of  the  merchant  ships  of  her  opponents.  The  latter,  how- 
ever, continued  with  great  energy  to  arm  their  merchantmeu  with 
guns. 

The  principle  of  the  United  States  Government  not  to  keep  their 
citizens  off  belligerent  merchant  ships  has  been  used  by  Great  Britain 
and  her  allies  to  arm  merchant  ships  for  offensive  purposes.  Under 
these  circumstances  merchantmen  f-an  easily  destroy  submarines,  and, 
if  tlieir  attack  fails,  still  consider  themselves  in  safety  by  the  pres- 
ence of  American  citizens  on  board. 

The  order  to  use  arms  on  British  merchantmen  wa?  supplemented 
by  instructions  to  the  masters  of  such  ships  to  hoist  false  flags  and 
to  ram  U  boats.  Reports  on  payments  of  premiums  and  bestowals  of 
decorations  to  successful  masters  of  merchantmen  show  the  effects  of 
these  orders.    England's  allies  have  adopted  this  position. 

Now  Germany  is  facing  the  following  facts: 

(a)  A  blockade  contrary  to  i  Jternationri  law  (compare  Ameri- 
can note  to  El  :land  of  November  5,  1915)  '  has  for  one  year  been 
keeping  neutral  trade  from  German  ports  pud  is  making  German 
exports  impossible. 

(6)  For  eighteen  months,  through  the  e..,,ending  of  contraband 
provisions  in  violation  of  international  law  (compare  American  note 
to  England  of  November  5,  1915),  the  overseas  trade  of  neighboring 
neutral  countries,  so  far  as  Germany  i&  concerned,  has  been  hampered. 

(c)  The  interception  of  mails  in  vioLtion  of  international  law 
(compare  American  memorandum  to  Ei:  'aud  of  January  10,  1916)  ^ 
is  meant  to  stop  any  intercourse  of  Germany  with  foreign  countries. 

((/)  England,  by  systematically  and  increasingly  oppressing  neu- 
tral countries,  following  the  principle  of  "might  before  right,"  has 
prevented  neutral  trade  on  land  with  Germany  so  as  to  complete  the 
blockade  of  the  central  powers  intended  to  starve  their  civil  popu- 
lation. 

(e)  Germans  met  by  our  enemies  on  the  high  seas  are  deprived  of 
their  liberty  no  matter  whether  they  are  combatants  or  noncom- 
batants. 

>  This  note  embodied  the  instrucliong  from  the  Secretary  of  State  sent  October 
21,  1915,  printed  in  American  Journal  of  International  Law,  Special  Supplement, 
October,  1!)1G,  p.  73. 

'  Embodied  in  telegram  from  the  Secretary  of  State  sent  January  4,  1916.  in 
American  Journal  of  Inttmational  Laie,  Special  Supplement,  October,  1916, 
p.  404. 


I 


78  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

(/)  Our  enemies  have  armed  their  merchant  vessel"  for  offensive 
purpose,  theoretically  making  it  im^ossib'  •  use  our  U  boats  accord- 
ing to  the  principles  set  forth  in  London  ^ration  (compare  Ameri- 
can memorandum  of  February  8,  1916) 

The  English  White  Book  of  January  5,  1916,  on  the  restriction  of 
German  trade,  boasts  tliat  by  British  measures  Germany's  export 
trade  has  been  stopped  almost  entirely,  whilst  her  imports  are  sub- 
ject to  England's  will. 

TT  ^^I  Imperial  Government  feels  confident  that  the  people  of  the 
United  States,  remembering  the  friendly  relations  that  for  the  last 
hundred  yeaw  have  existed  between  the  two  nations,  will,  in  spite  of 
the  difficulties  put  into  the  way  by  our  enemies,  appreciate  the  Ger- 
man viewpoint  as  laid  down  above. 

J.  Bernstorff. 


The  Secretary  of  State  to  Ambassador  Oerard. 

[Telegram— Paraphrase.  ] 

Department  op  State, 
-,     ~        ,  .    .  ,  Washington,  March  27,  1916. 

Mr.  Gerard  is  informed  that  considerable  evidence  has  been  re- 
ceived by  the  Department  to  the  effect  that  the  steamship  Sussex  with 
several  American  citizens  among  the  passengers  was  sunk  by  a  sub- 
marine torpedo  on  the  24th  instant,  and  he  is  directed  to  inquire 
immediately  of  the  German  Foreign  Office  whether  a  submarine  be- 
longing to  Germany  or  her  allies  sunk  the  Sussex.  The  Department 
expects  a  prompt  reply. 


IM 


U  i 
St  J  ■ 

m 


The  Secretary  of  State  to  Ambassador  Oerard. 

[Telegram— Paraphrase.] 

Department  op  State, 
,,    ^         ,  .    .  ^         ,  Washington,  March  28,  1916. 

Mr.  Gerard  is  informed  of  Department's  advices  that  the  English- 
man, a  steamer  of  the  Dominion  Line,  was  torpedoed  March  21  after 
departure  from  Avonmouth  for  Portland,  Me.  The  Englishman  was 
a  horse  ship  carrying  several  Americans  on  board  and  the  survivors' 
list  does  not  include  some  of  them. 

Mr.  Gerard  is  asked  to  inquire  immediately  of  Ihe  German  authori- 
ties whether  the  submarine  which  sank  the  vessel  belonged  to  Ger- 
many or  her  allies  and  to  add  that  the  United  States  Government 
expects  a  prompt  answer. 

■Tliii  seerriB  to  rpfer  to  the  "  Memorandum  of  the  Tmperial  German  Govem- 
ment  on  the  Treatment  of  Armed  Merchantmen,"  dated  February  8,  1916,  printed 
tnfra,  pp.  121-124.  *  "^ 


THE  UNITED  STATES  AND  GERMANY  79 

The  Secretary  of  State  to  Ambassador  Oerard. 

[Telegram— Paraphrase.] 

Department  op  State, 
Washington,  March  29,  1916. 
Mr.  Lansing  states  that  the  Department  has  been  advised  that  on 
March  27  the  ship  Manchester  Engineer  with  American  citizens  on 
board  was  torpedoed  off  Waterford  without  warning. 

Mr.  Gerard  is  directed  to  make  inquiry  of  the  German  Foreign 
Minister  as  to  whether  a  submarine  of  Germany  or  her  allies  sank 
the  Manchester  Engineer. 

The  Department  expects  a  prompt  answer. 


The  Secretary  of  State  to  Ambassador  Oerard. 

[Telegram — Paraphrase.  ] 

Department  op  State, 
Washington,  April  1,  1916. 

Mr.  Lansing  states  that  information  has  been  received  by  the 
Department  that  the  Eagle  Point,  a  British  steamer  with  Americans 
aboard,  was  torpedoed  on  March  28,  after  surrender.  The  vessel  was 
bound  from  St.  Johns,  New  Brunswick,  to  Cherbourg,  France,  and 
those  on  board  were  left  130  miles  south  of  Queenstown  in  two  small 
boats,  with  a  stormy  wind  blowing,  in  a  heavy  sea. 

Mr.  Gerard  is  directed  to  inquire  immediately  of  the  German 
Government  whether  a  submarine  belonging  to  Germany  or  her  allies 
torpedoed  the  Eagle  Point.  A  prompt  reply  is  expected  by  tie 
Department. 


The  Secretary  of  State  to  Ambassador  Oerard. 

[Telegram— Paraphrase.  ] 

Department  op  State, 
Washington,  April  1,  1916. 

Mr.  Lansing  states  that  the  Department  is  in  receipt  of  informa- 
tion that  the  Berivindvale,  a  British  steamer  with  four  Americans  on 
board,  was  on  March  16  torpedoed  off  Bantry,  Ireland,  without 
warning.  Apparently  the  Berivindvale  was  coming  to  the  United 
States  for  cargo. 

Mr.  Gerard  is  directed  to  inquire  of  the  German  Government 
whether  a  submarine  of  Germany  or  her  allies  torpedoed  the  Bervind- 
vale.    The  Department  expects  a  prompt  reply. 


I  i 


:* 


m 


•,ii 


80  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Ambassador  Oerard  to  the  Secretary  of  State. 
[Telegram.] 

American  Embassy, 
_    ,     .  .  Berlin,  April  11,  1916. 

Following  note  just  received: 

FoBEiQN  Office, 
Berlin,  April  10,  1916. 
The  undersigned  has  the  honor  to  inform  His  Excellency,  Mr. 
James  W.  Gerard,  Ambassador  of  the  United  States  of  America,  in 
reply  to  the  notes  of  the  29th  and  30th  ultimo  and  the  3d  instant  on 
the  subject  of  the  steamers  Sussex,  Manchester  Engineer,  Englishman, 
Berwindvule,  and  Eagle  Point,  that  the  cases  mentioned  have  been 
subjected  to  a  careful  investigation  by  the  Admiralty  Staff  of  th^ 
Navy,  in  accordance  with  my  notes  of  the  30th  and  31st  ultimo  and 
the  4th  and  5tli  instants,  and  that  all  this  investigation  has  led  to  the 
following  results: 

One.  English  steamer  Bcrwindvale.—k  steamer,  which  was  pos- 
sibly the  Berwindvale,  wa.s  encountered  by  a  German  submarine  on 
the  evening  of  the  16th  of  March  within  sight  of  Bullrock  Light  on 
the  Irish  coast.  As  soon  as  the  steamer  noticed  the  submarine,  which 
was  traveling  on  the  surface,  she  turned  and  ran  away.  She  was 
called  upon  to  stop  by  a  shot  of  warning,  but  did  not  heed  this  warn- 
ing, put  out  all  her  lights,  and  tried  to  escape.  She  was  thereupon 
shelled  until  she  stopped  and  lowered  several  boats  without  receiving 
further  orders.  After  the  crew  had  entered  the  boats  and  had  suffi- 
cient time  to  pull  off  to  a  distance  the  ship  was  sunk. 

The  name  of  this  steamer  has  not  been  ascertained.  Even  with 
the  help  of  the  data  furnished  by  th^  American  Embassy  it  is  not 
possible  to  say  with  certainty  that  the  incident  described  above  relates 
to  the  steamer  Berwindvale.  But  since  the  steamer  sunk  was  a  tank 
stpainer,  like  the  Birtvindvalc ,  it  may  be  assumed  that  the  ves.sels  are 
identical ;  in  this  case,  however,  the  statement  of  the  Embassy  that  the 
Berwindvale  was  torpedoed  without  warning  would  conflict  with  the 
facts. 

Two.  English  steamer  Englishman.— On  March  24  this  steamer 
was  ordered  to  stop  by  two  shots  of  warning  by  a  German  submarine 
about  twenty  nautical  miles  west  of  Islay,  but  continued  on  her 
course  witliout  paying  any  attention  to  the  warning  and  was  there- 
fore forced  to  stop  by  the  submarine  by  means  of  artillery  fire  after 
a  long  i)ursuit ;  she  then  lowered  boats  without  receiving  further 
orders.  After  the  German  commander  had  convinced  himself  that 
the  crew  had  entered  the  boats  and  pulled  away  from  the  vessel  he 
sank  the  steamer. 

Three.  English  steamer  Mavchc.stcr  Engineer. — It  has  not  been 
possible  to  ascertain  by  the  investigation  conducted  as  yet  whether 
the  attack  on  this  steamer,  which  took  place  off  Waterford  on  March 
27  according  to  the  statements  of  the  Embassy,  is  traceable  to  a 
German  submarine.     The  data  furnished  regarding  the  place  and 


THE  UNITED  STATES  AND  GERilANY 


81 


time  of  the  incident  do  not  aflford  a  sufficient  clue  for  the  investiga- 
tion. The  receipt  of  more  exact  details  concerning  place,  time,  and 
attendant  circumstances  of  the  attack  reported  to  the  American  Gov- 
ernment would  therefore  be  desired  in  order  that  the  investigation 
may  then  be  brought  to  a  conclusion. 

Pour.  English  steamer  Eaijlc  Point. — On  the  morning  of  March 
28  this  steamer  was  ordered  to  stop  by  a  German  submarine  by  signal 
and  shot  about  100,  not  130,  nautical  miles  from  the  southwest  coast 
of  Ireland,  but  she  continued  on  her  conre.  She  was  thereupon 
shelled  until  she  stopped,  and  without  receiving  further  orders  low- 
ered two  boats  which  the  crew  entered.  After  the  commander  had 
convinced  himself  that  the  boats,  which  had  hoisted  sails,  had  gotten 
clear  of  the  .-steamer  he  sank  her. 

At  the  time  of  the  sinking  a  north-northwest  wind  of  the  second 
strength  was  blowing,  not  a  "stormy  wind,"  and  there  was  a  slight 
roll  against  the  wind,  not  a  "heavj'  sea,"  as  asserted  in  the  Embassy's 
statement  of  the  facts.  The  boats  furth»>rniore  had  every  prospect 
of  being  picked  up  very  soon,  since  the  place  of  the  sinking  was  on 
one  of  the  much  used  steamer  routes.  If  the  crew  of  the  steamer  in 
rescuing  themselves  made  use  of  only  two  small  boats  they  are  them- 
selves to  blame,  for  there  were  at  least  four  large  folding  boats  on 
the  steamer,  as  the  submarine  was  able  to  ascertain. 

Five.  French  steamer  Susscjr. — The  establishment  of  the  fact 
whether  the  channel  steamer  Sussex  Juan  damaged  by  a  German  sub- 
marine or  not  has  been  made  extraordinarily  difficult,  because  no 
exact  data  concerning  place,  time,  and  attendant  circum.stances  of  the 
sinking  were  known  and  no  picture  of  this  vessel  could  be  obtained 
until  April  6.  Consequently  the  investigation  had  to  embrace  every 
one  of  the  undertakings  which  took  place  in  the  channel  on  or  near 
the  route  between  Folkestone  and  Diep{>e  on  March  24,  the  day  in 
question. 

In  this  locality  a  long  black  vessel  without  a  flag,  with  a  gray 
smokestack  and  a  small  gray  superstructure,  and  with  two  tall  masts, 
was  encountered  by  a  German  submarine  on  Slarch  24  about  the 
middle  of  the  English  Channel.  The  German  commander  gained  the 
definite  conviction  that  he  had  before  him  a  war  vessel,  a  mine  layer 
of  the  newly  constructed  English  Arabic  class.  He  was  led  to  this 
conviction,  one.  by  t  .o  flush  deck  of  the  vessel;  two,  by  the  warship 
form  of  stern,  protruding  diagonally  backward  and  then  falling  down- 
ward; three,  by  the  warship  like  coat  of  paint;  four,  by  the  high 
speed  of  about  eighteen  sea  miles  developed  by  the  vessel;  five,  by 
the  circumstance  that  the  vessel  did  not  follow  the  course  to  the  north 
of  the  lightbuoys  between  Dungeness  and  Beachy  Head,  which  is  the 
customary  course  for  merchant  shipping  according  to  the  frequent  and 
uniform  observations  of  the  German  submarines,  but  sailed  in  the 
middle  of  the  channel,  pointing  about  for  Havre.  He  consequently 
attacked  the  ship  submerged  at  SJ^ii  o'clock  p.  m.,  Central  European 
time,  one  and  a  half  sea  miles  southeast  of  BuUroek  Bank.  The  tor- 
pedo struck  and  caused  such  a  severe  explosion  in  the  foreship  that 


82 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


the  whole  forPHhip  was  torn  loose  up  to  the  briiigc.  The  particularly 
severe  explosion  permits  the  snfe  couclu!<iun  thut  there  wer?  large 
quantities  of  ammunition  on  board. 

The  Gorman  commander  has  made  a  sketeh  of  the  vessel  attacked 
by  him,  two  reproductions  of  which  are  attached.  The  picture  of  the 
steamer  Sussex,  two  copies  of  which  are  likewise  attached,  is  a  photo- 
graph taken  from  the  English  Daily  Graphic  paper  of  the  27t  ultimo. 
A  conipiirison  of  the  sketch  with  the  picture  shows  that  the  Umsex  is 
not  identical  with  the  vessel  attacked ;  the  difference  in  the  position  of 
the  smokestacks  and  the  shape  of  the  stern  is  particularly  prominent. 
iJo  further  attack  whatever  was  made  by  German  submarines  at  the 
time  cominK  into  question  for  the  Sussex  on  the  way  between  Folke- 
stone and  Dieppe. 

From  this  the  German  Government  is  forced  to  assume  that  the 
damaninj?  of  the  Sussex  is  to  be  attributed  to  another  cause  than  the 
attack  of  a  German  submarine.  In  order  that  the  true  state  of  affairs 
may  be  cleareil  up,  the  fact  may  possibly  be  of  use  that  on  the  Ist 
and  2d  of  April  alone  no  less  than  twenty-six  English  mines  were 
exploded  by  German  naval  forces  in  the  channel ;  the  whole  of  that 
part  of  the  seas  is  dangerous  owing  to  floating  mines  and  torpedoes 
which  have  not  sunk.  The  waters  near  the  English  coast  will  be  still 
more  dangerous  on  account  of  German  mines  also  which  have  been 
sowed  against  the  hostile  naval  forces. 

Should  the  American  Government  have  at  its  disposal  further 
material  for  forming  judgment  on  the  case  of  the  Sussex  the  German 
Government  begs  to  request  that  this  material  may  be  communicated 
to  it  in  order  that  it  may  be  able  to  subject  this  material  to  an  exami- 
nation also.  In  the  event  of  differences  of  opinion  arising  between 
the  two  Governments  in  this  connection,  the  German  Government 
declares  at  this  time  its  readiness  to  permit  the  facts  to  be  ascertained 
by  a  mixed  committee  of  investigation,  pursuant  to  the  third  title  of 
The  Hague  Convention  of  October  18,  1907,  for  the  pacific  settlement 
of  international  disputes. 

The  undersigned  requests  that  the  above  be  brought  to  the  knowl- 
edge of  the  Government  of  the  United  States  and  avails  himself  of 
this  opportunity  to  renew,  etc. 

Von  J.vaow. 
Gerard. 


The  Secretary  of  State  to  Ambassador  Oerard. 
[Telegram.] 

Department  op  State, 
Washim/ton,  April  18,  1916. 
You  are  instructci  to  deliver  to  the  Secretary  of  Foreign  Affairs  a 
communication  reading  as  follows: 

I  did  not  fail  to  transmit  immediately,  by  telegraph,  to  my  Gov- 
ernment Your  Excellency's  note  of  the  10th  instant  in  regard  to 


THE  ITNITED  STATES  AND  GERMANY 


83 


certain  attacks  by  German  submarines,  and  particularly  in  regard  to 
the  disastrous  explosion  which  on  March  24,  last,  wrecked  the  French 
steamship  Susucx  in  the  English  Channel.  I  have  now  the  honor 
to  deliver,  under  instruct)  jus  from  my  Government,  the  following 
reply  to  Your  Excellency: 

Information  now  in  the  possession  of  the  Government  of  the 
United  States  fully  establishes  the  facts  in  the  case  of  the  .Siissej,* 
and  the  inferences  which  my  Government  has  drawn  from  that  infor- 
mation it  regards  as  confirmed  by  the  circumstances  set  forth  in 
Your  Excellency's  note  of  the  10th  instant.  On  the  24th  of  March, 
1916,  at  about  2:50  o'clock  in  the  afternoon,  the  unarmed  steamer 
Sussex,  with  325  or  more  passengers  on  board,  nmoiig  whom  were  a 
number  of  American  citizens,  was  torpedoed  while  crossing  from 
Folkestone  to  Dieppe.  The  Sussex  had  never  Iwen  armed ;  was  a 
vessel  known  to  be  habitually  used  only  for  the  conveyance  of  pas- 
sengers across  the  English  Channel ;  and  was  not  following  the  route 
taken  by  troop  ships  or  supply  ships.  About  eighty  of  her  passen- 
gers, noncombatants  of  all  ages  and  sexes,  including  citizens  of  the 
United  States,  were  killed  or  injured. 

A  careful,  detailed,  and  scrupulously  impartial  investigation  by 
naval  and  military  officers  of  the  United  States  has  conclusively  estab- 
lished the  fact  that  the  Sussex  was  torpedoed  without  warning  or 
summons  to  surrender  and  that  the  torpedo  by  which  she  was  struck 
was  of  German  manufacture.  In  the  view  of  the  Government  of  the 
United  States  these  facts  from  the  first  made  the  conclusion  that  the 
torpedo  was  fired  by  a  German  submarine  unavoidable.  It  now  con- 
siders that  conclusion  substantiated  by  the  statements  of  Your  Ex- 
cellency 's  note.  A  full  statement  of  the  facts  upon  which  the  Gov- 
ernment of  the  United  States  has  based  its  conclusion  is  inclosed. 

The  Government  of  the  United  States,  after  hiiving  given  careful 
consideration  to  the  note  of  the  Imperial  Government  of  the  10th  of 
April,  regrets  to  state  that  the  impression  made  upon  it  by  the  state- 
ments, and  proposals  contained  in  that  note  is  that  the  Imperial  Gov- 
ernment has  failed  to  appreciate  the  gravity  of  the  situation  which 
has  resulted,  not  alone  from  the  attack  on  the  Sussex  but  from  the 
whole  method  and  character  of  submarine  warfare  as  disclosed  by 
the  unrestrained  practice  of  the  commanders  of  German  undersea 
craft  during  the  past  twelvemonth  and  more  in  the  indiscriminate 
destruction  of  merchant  vessels  of  all  sorts,  nationalities,  and  destina- 
tions. If  the  sinking  of  the  Sussex  had  been  an  isolated  case  the 
Government  of  the  United  States  might  find  it  possible  to  hope  that 
the  officer  who  was  responsible  for  that  act  had  wilfully  violated  his 
orders  or  had  been  criminally  negligent  in  taking  none  of  the  pre- 
cautions they  prescribed,  and  that  the  ends  of  justice  might  be  satis- 
fied by  imposing  upon  him  an  adequate  punishment,  coupled  with  a 
formal  disavowal  of  the  act  and  payment  of  a  suitable  indemnity  by 
the  Imperial  Government.    But,  though  the  attack  upon  the  Sussex 

'  The  full  text  of  the  evidence  is  printed  in  the  American  Journal  of  Inter- 
national Laxc,  Special  Supplement,  October,  1916,  pp.  230  et  seq. 


Ml 


II 


^.15 


S4 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


^1 


M--I 


wu  manifestly  indefennble  and  caused  a  loss  nf  life  so  tnitical  u 
to  make  it  stand  forth  aa  one  of  the  most  terrible  examples  of  the 
inhumanity  of  submarine  warfare  as  the  eommanders  of  German 
vessels  are  conducting  it,  it  unhappily  does  not  stand  alone. 

On  the  contrary,  the  Government  of  the  United  States  is  forced 
by  recent  events  to  conclude  that  it  is  only  one  instance,  even  though 
one  of  the  most  extreme  and  most  distressing  instances,  of  the  deliber- 
ate methoil  anil  spirit  of  indiscriminate  destruction  of  merchant  ves- 
sels of  all  sorts,  nationalities,  and  destinations  which  have  become 
more  and  more  unmistakable  as  the  activity  of  German  undersea 
vessels  of  war  has  in  recent  months  been  quickened  and  extended. 

The  Imperial  Gov  /nment  will  recall  that  when,  in  February, 
1915,  it  announced  its  intention  of  treating  the  waters  surrounding 
Great  Britain  and  Ireland  as  embraced  within  the  seat  of  war  and  of 
destroying  all  merchant  ships  owned  by  its  enemies  that  might  be 
found  within  that  zone  of  danger,  and  warned  all  vessels,  neutral  aa 
well  as  belligerent,  to  keep  out  of  the  waters  thus  proscribed  or  to 
enter  them  at  their  peril,  the  Government  of  the  United  States  earn- 
estly protested.  It  took  the  position  that  such  a  policy  could  not  be 
pursued  without  constant  gross  and  palpable  violations  of  the  accepted 
law  of  nations,  particularly  if  submarine  craft  were  to  be  employed 
as  its  instruments,  inasmuch  as  the  rules  prescribed  by  that  law,  rules 
founded  on  the  principles  of  humanity  and  established  for  the  protec- 
tion of  the  lives  of  noncombatants  at  sea,  could  not  in  the  nature  of 
the  case  be  observed  by  such  vessels.  It  based  its  protest  on  the 
ground  that  persons  of  neutral  nationality  and  vessels  of  neutral 
ownership  would  be  exposed  to  extreme  and  intolerable  risks;  and 
that  no  right  to  close  any  part  of  the  high  seas  could  lawfully  be 
asserted  by  the  Imperial  Government  in  the  circumstances  then  exist- 
ing. The  law  of  nations  in  these  matters,  upon  which  the  Govern- 
ment of  the  United  States  based  that  protest,  is  not  of  recent  ori(^ 
or  founded  upon  merely  arbitrary  principles  set  up  by  convention. 
It  is  based,  on  the  contrary,  upoa  manifest  principles  of  humanity 
and  has  long  been  established  with  the  approval  and  by  the  express 
assent  of  all  civilized  nations. 

The  Imperial  Government,  notwithstanding,  persisted  in  carrying 
out  the  policy  announced,  expressing  the  hope  that  the  dangers 
involved,  at  any  rate  to  neutral  vessels,  would  be  reduced  to  a  mini- 
mum by  the  instructions  which  it  had  issued  to  the  commanders  of 
its  submarines,  and  assuring  the  Government  of  the  United  States 
that  it  would  take  every  possible  precaution  both  to  respect  the  rights 
of  neutrals  and  to  safeguard  the  lives  of  noncombatants. 

In  pursuance  of  this  policy  of  submarine  warfare  against  the  com- 
merce of  its  adversaries,  thus  announced  and  thus  entered  upon  in 
despite  of  the  solemn  protest  of  the  Government  of  the  United  States, 
the  commanders  of  the  Imperial  Government's  undersea  ves.sels  have 
carried  on  practices  of  such  nithless  destruction  which  have  made  it 
more  and  more  evident  as  the  months  have  gone  by  that  the  Imperial 
Government  has  found  it  impracticable  to  put  any  such  restraints 


THE  UNITED  STATES  AND  GERMANY 


8S 


upon  them  as  it  hail  hoped  and  promiwd  to  put.  Again  and  a^ain 
the  Imperial  Qovernnient  has  given  itw  aolpmn  aHNiirances  to  the 
Gtovemment  of  the  United  Stutett  that  at  least  paNseiigcr  ships  would 
not  be  thus  dealt  with,  and  yet  it  has  repeatedly  pernrUted  its  under- 
■ea  commandera  to  dinreg^rd  those  assurances  with  entire  impunity. 
As  recently  as  February  last  it  gave  notice  that  it  would  regard  all 
armed  merchantmen  owned  by  its  enemies  as  part  of  the  armed  naval 
forces  of  its  adversaries  and  deal  7ith  them  as  with  men-of-war,  thus, 
at  least  by  implication,  pledging  itself  to  give  warning  to  vessels 
which  were  not  armed  and  to  accord  security  of  life  to  their  pasaen- 
gers  and  crews ;  but  even  this  limitation  their  submarine  commauden 
have  recklessly  ignored. 

Vessels  of  neutral  ownership,  even  vessels  of  neutral  ownership 
bound  from  neutral  port  to  neutral  port,  have  been  destroyed  along 
with  vessels  of  belligerent  ownership  in  constantly  increasing  num- 
bers. Sometimes  ihe  merchantmen  attacked  have  been  warned  and 
flummoued  to  surrender  before  being  fired  on  or  torpedoed;  some- 
times their  passengers  nn<l  crews  have  hccn  vouchsafed  the  poor  secur- 
ity of  being  allowed  to  take  to  tlic  ship's  boats  before  the  ship  was 
sent  to  the  bottom.  But  again  and  a»;ain  no  warning  has  been  given, 
no  escape  even  to  the  ship's  boats  allowed  to  those  on  board.  Great 
liners  like  the  Ltisitania  and  Arabic  and  mere  passenger  boats  like 
the  Sussex  have  been  attf.ked  without  a  moment's  warning,  often 
before  they  have  even  become  aware  that  they  were  in  the  presence 
of  an  armed  ship  of  the  enemy,  and  the  lives  of  noneombatanta,  pas- 
sengers, and  crew  have  been  destroyed  wholesale  and  in  a  manner 
which  the  Government  of  the  United  States  cannot  but  regard  as 
wanton  and  without  the  slightest  color  of  justification.  No  limit  of 
any  kind  has  in  fact  been  set  to  their  indiscriminate  pursuit  and 
destruction  of  merchantmen  of  all  kinds  and  nationalities  within  the 
waters  which  the  Imperial  Government  has  chosen  to  designate  as 
lying  within  the  seat  of  war.  The  roll  of  Americans  who  have  lost 
their  lives  upon  ships  thus  attacked  and  destroyed  has  grown  month 
by  month  until  the  ominous  toll   has  mounted  into  the  hundreds. 

The  Government  of  the  United  States  has  been  very  patient.  At 
ever>'  stage  of  this  distressing  experience  of  tragedy  after  tragedy  it 
has  sought  to  be  governed  by  the  most  thoughtful  consideration  of 
the  extraordinary  circumstances  of  an  unprecedented  war  and  to  be 
guided  by  sentiments  of  vory  genuine  friendship  for  the  people  and 
Government  of  Germany.  It  has  accepted  the  successive  explanations 
and  assurances  of  the  Imperial  Government  as  of  course  given  in 
entire  sincerity  and  good  faith,  and  has  hoped,  even  against  hope, 
that  it  would  prove  to  be  possible  for  the  Imperial  Government  so 
to  order  and  control  the  acts  of  its  naval  commanders  as  to  square  its 
policy  with  the  recognized  principles  of  humanity  aa  embodied  in  the 
law  of  nations.  It  has  made  every  allowance  for  unprecedented  con- 
ditions and  has  been  willing  to  wait  until  the  facts  became  unmis- 
takable and  were  susceptible  of  only  one  interpretation. 

It  now  owes  it  to  a  just  regard  for  its  own  rights  to  say  to  the 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


m 


Imperial  Goveronipnt  that  that  timr  ha*  coidp.  It  ban  become  pain* 
fully  evident  to  it  that  the  poaition  which  it  took  at  the  very  outlet 
ia  inevitable,  namely,  the  uie  of  mibmarinca  for  the  deatruction  of 
an  enemy '•  commerce,  ia,  of  neceaaity,  becauae  of  the  very  character 
of  the  veaaela  employed  and  the  very  methoda  of  attack  which  their 
employment  of  courte  involves,  utterly  incompatible  with  the  prin- 
cipU'H  of  humanity,  the  lonR-eatablinhett  and  incontrovertible  righta  of 
neutrals,  and  the  saeretl  immunitie*  of  noncombatanta. 

If  it  is  still  the  puriKwe  of  tjie  Imperial  Oovcrnment  to  prosecute 
relentlcRN  and  indiscriminate  warfirie  against  vesada"  of  commerce  '^ 
the  use  of'itulitnarlnea  wltboul  rasM^  to  wlut  tbc  Government  of  th« 
IMtaLSltttt  mu«t  CflOsid£)U;he  .Hijed  and  indiaputable  rulea  of Jatcy. 
national  law  and  the  universally  recognized  dictatea  of  humanity,  the 
Gbvmmnrot  the  United  States  is  at  last  forced  to  the  conclusion 
that  there  is  hii{  nne  pnnntf  j|  pan  p'"^"",  Unless  the  ImperiiT'Oov- 
emment  sboula^ow  immediately  declare  and  effect  an  abandonment 
of  its  present  methods  of  submarine  warfare  against  paasenger  and 
freight-carrying  vcRsels,  the  Government  of  the  United  States  can 
have  no  choice  but  to  ^ver  (jiplomatic  relations  with  tbe  Gen|g«" 
Empire  altogether.  TEisTictTon  the  Government  of  {he  United  Htatet 
coiifempTitWnrtth  the  greatest  reluctance  but  feels  constrained  to  take 
in  behalf  of  humunity  and  the  rights  of  neutral  nations. 

LANeixo. 


Statem  NT  OP  Facts  in  Sussex  Case. 

ACCOMFAKYINO    NOTE    TO   GERMAN    GOVERNMENT    OP    APRIL    18,    1916. 

The  French  channel  stfamer  Susxfx,  employed  regularly  in  pas- 
senger service  between  the  ports  of  Folkestone.  England,  and  Dieppe, 
France,  as  it  had  been  for  years  (Statement  of  the  French  Ministry 
of  Foreign  Affairs),  left  Folkestone  for  Dieppe  at  1 :25  p.  m.,  March 
24,  1916,  with  325  or  more  passengers  and  a  crew  of  fifty -three  men. 
(Declaration  of  Captain  Mouffet;  report  of  Rear  Admiral  Grasset.) 
The  passengers,  among  whom  were  about  twenty-five  American  citi- 
zens (Telegram  London  Embassy,  March  25,  and  Paris  Embassy, 
March  26  and  28)  were  of  several  nationalities  and  many  of  them 
were  women  and  children  and  nearly  half  of  them  subjects  of  neu- 
tral states.  (Report  of  Coirmander  Sayles  and  Lieutenant  Smith; 
Rear  Admiral  Grasset 's  report.)  The  Sussex  carried  no  armament 
(Statement  of  French  Ministry  of  Foreign  Affairs;  report  of  Com- 
mander Sayles  and  Lieutenant  Smith;  affidavits  of  American  pas- 
sengers), has  never  been  employed  as  a  troop  ship,  and  was  following 
a  route  not  used  for  transporting  troops  from  Great  Britain  to  France. 
(British  Admiralty  statement ;  statement  of  French  Ministry  of  For- 
eign Affairs.) 

The  steamer  procecdeJ  on  its  course  almost  due  south  after  pass- 
ing Dungeuess.    (Declaration  of  Captain  Mouffet.)    The  weather  was 


THE  UNITED  STATES  AND  GERMANY 


87 


clear  and  thf  iipa  nmooth  ( AfRdavitN  of  Edna  Hale,  John  H.  Hearley, 
Oertnidf  \V.  Wurnn.)  At  '2J>0  p.  in.,  when  the  Sumci  waa  about 
thirteen  milm  from  DungcnrHn  (Declaration  of  Captain  Mouffet), 
the  raptain  of  the  vemwl,  wiio  wan  on  the  bridge,  iiaw  alraut  150  meters 
from  the  ahip,  on  the  |>ort  nidi-,  the  wake  of  a  torpedo.  (Declara- 
tion of  Captain  Mouffet.)  It  waa  aUo  Men  very  clearly  by  the  ilrat 
officer  and  the  boatxwHin  who  were  with  the  captain  on  the  bridge. 
(Report  of  Rear  Admiral  Gra.sset.)  Immediately  the  captain  gave 
ordera  to  port  the  helm  and  Rtop  the  Htarboard  engine  (Declaration 
of  Captain  Mouffet),  the  purpoae  being  to  Hwing  the  vesael  to  star- 
board ao  an  to  do<lge  the  torpedo  by  allowing  it  to  pans  along  the 
port  bow  on  a  line  converging  with  the  altered  course  of  the  steamer. 
Before,  however,  the  veiwcl  couM  l»e  turned  far  enough  to  avoid  croia- 
ing  the  course  of  the  torpedo,  the  latter  Htruck  the  hull  at  an  nngle 
a  short  diatance  forward  of  the  bridge,  exploded,  destroyed  the  entire 
forward  part  of  the  steamer  as  far  back  us  the  first  watcr-tipht  bulk- 
head, carried  iiway  the  foremast  with  the  wireless  antcnnic  und  killed 
or  injured  about  eighty  of  the  persons  on  board.  ( Declaration  of  Cap- 
tain Mouffet;  report  of  Rear  Admiral  Grasset ;  deposition  of  Henry 
S.  Beer.)  At  the  time  no  other  vessel  was  in  sight.  (Affidavits  of 
Samuel  F.  Bemis,  T.  W.  Culbertson,  John  II.  Ilearlcy,  and  others.) 

The  approach  of  the  torpedo  was  witnessed  by  several  other  per- 
sons on  the  vessel.  (Affidavits  of  Samuel  F.  Bemis,  Ilcnry  S.  Beer, 
Gertrude  W.  Warren.)  One  of  these,  an  Aiuerican  citizen  named 
Henry  8.  Beer,  was  leaning  on  the  port  mil  about  ten  feet  behind  the 
bridge  and  gazing  seaward  when  he  saw  the  approaching  torpedo 
about  100  yiirds  away  and  exclaimed  to  his  wife  and  companion: 
"A  torpedo!"  Immediately  following  his  exclamation  the  missile 
struck  the  vcs.sel.  (Depositions  of  Henrj'  S.  Beer  and  Mrs.  Henry 
S.  Beer.) 

In  further  corroboration  of  the  fact,  that  the  captain  saw  the 
torpct'.o  coming  toward  the  vessel,  is  the  sworn  statement  of  the  engi- 
neers on  duty  that  the  order  to  port  the  helm  itnd  to  stop  the  star- 
board engine  was  received  and  obeyed.  (Report  of  Atlmiral  Grasset.) 
No  reasonable  explanation  can  lie  given  for  tliis  unusual  order  other 
than  that  the  captain  saw  something  which  caused  him  to  change  his 
course  sharply  to  starboard. 

In  addition  to  this  evidence  which  would  in  itself  appear  to  be 
conclusive  that  the  agent  of  destruction  was  a  torpedo,  is  that  of 
Lieutenant  Smith,  United  States  Navj-.  attached  to  the  American 
Embassy  at  Paris,  who,  accompanied  by  Ma.jor  Logan.  United  States 
Army,  of  the  Embassy,  went  to  '!'oulogno,  inspected  the  hull  of  the 
Sussex  and  personally  found  benen.i  the  mass  of  water-soaked  debris 
of  the  wreck  fifteen  pieces  of  metal,  which  they  retained  in  their 
po8ses.sion  as  they  did  not  believe  ;he  pieces  formed  part  of  the  vessel. 
The  inspection  of  the  hull  disclosed  that  the  ves.sel  was  wrecked  by  an 
external  explosion,  the  boilers  being  intact,  and  that  a  short  distance 
forward  of  the  bridge  was  .-  large  dent  showing  that  the  vessel  had 
received  a  heavy  blow,  the  direction  of  impact  being  from  abaft  the 


's 

I  ^ 

II 


ii  I 


88 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


I 


beam  along  a  line  at  an  acute  angle  with  the  keel  of  the  vessel.  (Re- 
port of  Lieutenant  Smith,  cabled  April  1.)  This  evidence  coincides 
with  and  corroborates  the  statement  that  the  vessel  was  swinging 
to  starboard  and  away  from  the  torpedo  when  struck. 

The  pi  -es  of  metal,  which  the  American  officers  had  collected, 
were  compared  by  Lieutenant  Smith,  Lieutenant  Commander  Sayles, 
and  Major  Logan  with  mines  and  plans  of  mines  in  possession  of  the 
French  Naval  authorities  at  Boulogne,  Rochefort,  and  Toulon,  and 
British  Naval  authorities  at  Portsmouth.  These  officers  are  positive 
in  their  opinion  that  these  pieces  of  metal  were  not  parts  of  a  mine. 
(Report  of  Lieutenant  Smith,  cabled  April  1  and  5.) 

Among  these  fifteen  pieces  of  metal  were  two  screw-bolts  showing 
the  effects  of  an  explosion,  which  were  stamped  with  "K"  and  "56" 
on  faces  of  the  head  of  one,  and  "K"  and  "58"  on  faces  of  the  head 
of  the  other.  On  examining  German  torpetloes  in  the  possession  of 
the  French  Naval  authorities  at  Toulon,  and  of  the  English  Naval 
authorities  at  Portsmouth,  the  American  officers  found  that  identical 
screws  with  the  letter  "K"  and  a  number  were  employed  to  fasten 
the  "war"  head  (kopf)  to  the  air  chamber.  (Lieutenant  Smith's 
reports,  cabled  April  2,  5,  and  13.) 

The  screws  used  in  French  and  English  torpedoes  have  no  mark- 
ings and  are  of  a  slightly  different  size.  (Same  reports.)  Further- 
more, the  American  officers  were  able  by  comparison  and  close  exam- 
ination to  positively  identify  and  locate  all  the  remaining  thirteen 
pieces  of  metal  as  parts  of  a  German  torpedo,  ns  follows: 

Fragment  3,  part  of  inner  seat  of  water  relief  valve  of  engine  valve. 
Fragments  4  and  5,  punto  bands  of  engine-room  easing. 
Fragments  6  to  10  inclusive  and  12,  parts  of  engine  cylinders. 
Fragments  11,  13,  14,  15,  parts  of  steel  war  head  still  hearing  the 
distinctive  red  paint  common  to  German  torpedo  war  heads.  (Report 
of  Lieutenant  Smith,  cabled  April  5.) 

In  view  of  these  autlienticated  facts  there  can  be  no  reasonable 
doubt  but  that  the  Sussex  was  torpedoed  and  that  the  torpedo  was 
of  German  manufacture.  As  no  vessel  was  seen  by  any  person  on 
the  Sussex,  the  conclusion  is  irresistible  that  the  torpedo  was  launched 
without  warning  from  a  submarine  which  was  submerged  at  the  time 
of  the  attack  and  remained  beneath  the  surface  after  the  explosion. 
The  conclusion  thus  reached  from  the  evidence  ( the  affidavits 
being  those  of  American  citizens)  collected  by  the  Department  of 
State  is  substantiated  by  the  statements  in  the  Imperial  Government's 
note  of  April  10,  1916.  According  to  those  statements- 
Co)  A  German  submarine  torpedoed  a  steamer  one  and  a  half 
miles  southeast  of  Bullroek  Bank. 

Deparfment's  comment. — The  point  of  attack  is  exactly  in  the 
course  which  was  taken  by  the  Sussex  after  pa.ssing  Dungeness 
and  about  one-half  mile  from  the  place  where  the  captain  of  the 
Sussex  states  he  was  torpedoed. 

(6)    The  attack  took  place  at  3  ;55  o'clock  p.  m.,  Central  European 
time. 


THE  UNITED  STATES  AND  GERMANY  89 

Department's  comment. — 3:55  p.  m.,  Central  Europeaa  time 
woald  correspond  to  2:55  p.  m.,  Western  European  time.  The 
time  of  the  striking  of  the  torpedo  according  to  the  captain  of 
the  Sussex,  and  the  stopping  of  the  clocks  on  board  the  vessel, 
was  2 :50  p.  m.,  Western  time. 

(c)  The  torpedo,  when  it  struck,  caused  an  explosion  which  tore 
away  the  whole  foreship  up  to  the  bridge. 

Department's  comment. — The  forepart  of  the  Sussex  was 
wrecked  as  far  back  as  the  first  water-tight  bulkhead,  according 
to  the  official  reports. 

(d)  The  German  submarine  was  submerged  when  the  torpedo  was 
launched  and  there  is  no  statement  that  it  came  to  the  surface  after 
the  attack. 

Department's  comment. — The  conclusion  was  reached  that  the 
submarine  was  submerged  from  the  fact  that  no  one  on  the  Sussex 
saw  a  submarine  though  the  weather  was  fine. 

(e)  No  warning  was  given  and  no  attempt  was  made  to  give  one 
since  it  is  not  mentioned. 

Department's  comment. — The  evidence  collected  shows  affirm- 
atively no  warning  was  given. 

(/)  A  sketch  by  the  submarine  commander  of  the  steamer  which 
he  torpedoed  does  not  agree  wich  a  photograph  of  the  Sussex  in  the 
London  Graphic. 

Department's  comment.— This  sketch  was  apparently  made 
from  memory  of  an  observation  of  the  vessel  through  a  periscope. 
As  the  only  differences  noted  by  tlie  commander,  wlio  relied  on 
his  memory,  were  the  position  of  the  smokestack  and  the  shape 
of  the  stern,  it  is  to  be  presumed  the  vessels  were  similar  in 
other  respects. 

(g)  No  other  German  submarines  on  that  day  attacked  steamers 
in  that  locality. 

Department's  comment. — As  no  vessel  is  reported  to  have  been 
torpedoed  without  warning  by  a  submerged  submarine  other  than 
the  Sussex,  it  is  beyond  question  that  that  vessel  was  torpedoed 
by  the  submarine  whose  commander's  report  is  relied  upon  in 
the  note  of  April  10. 

Lansino. 


:  If 


ill 


m 


90  DIPLOMATIC  C0BBE8P0NDENCE  BETWEEN 

Ambassador  Oerard  to  the  Secretary  of  State. 

[Telegram.] 

American  Eubasst, 
Berlin.  May  4,  1916. 
Following  is  the  text  of  the  note  handed  to  me  both  in  German 
and  English  at  5 :30  this  afternoon  by  Secretary  of  State  for  Foreign 
Affairs : 

Foreign  Office, 
„,.  J      .       ,  Berlin,  May  i,  1916. 

Ihe  undersigned,  on  behalf  of  the  Imperial  Government,  has  the 
honor  to  present  to  His  Excellency  the  Ambassador  of  the  United 
btates,  Mr.  James  W.  Gerard,  the  following  reply  to  the  note  of 
April  20  regarding  the  conduct  of  German  submarine  warfare : 

The  German  Government  has  handed  over  to  the  proper  naval 
authorities  for  further  investigation  the  evidence  concerning  the 
^ussex,  as  communicated  by  the  Government  of  the  United  States 
Judging  by  results  that  this  investigation  has  hitherto  yielded,  the 
German  Government  is  alive  to  the  possibility  that  the  ship  men- 
tioned  in  the  note  of  April  10  as  torpedoed  by  a  German  submarine 
IS  actually  identical  with  the  Sussex.    The  German  Government  begs 
to  reserve  further  communications  on  the  matter  until  certain  points 
are  ascertained  which  are  of  decisive  importance  for  establishing  the 
facts  of  the  case.    Should  it  turn  out  that  the  commander  was  wrong 
in  assuming  the  vessel  to  be  a  man-of-war  the  German  Government 
will  not  fail  to  draw  the  consequences  resulting  therefrom. 
T'  /"/o°»«<^tJoD  with  the  case  of  the  Sussex,  the  Government  of  the 
tnited  btates  has  made  a  series  of  statements,  gist  of  which  is  the 
assertion  that  this  incident  is  to  be  considered  as  one  instance  for  the 
deliberate  method  of  indiscriminate  destruction  of  vessels  of  all  sorts 
nationalities,  and  destinations  by  German  submarine  commanders. 
1  he  German  Government  must  emphatically  repudiate  this  assertion. 
Ihe  German  Government,  however,  thinks  it  of  little  avail  to  enter 
into  details  in  the  present  stage  of  affairs,  more  particularly  as  the 
Government  of  the  United  States  has  omitted  to  substantiate  this 
assertion  by  reference  to  concrete  facts.    The  German  Government  will 
only  state  that  it  has  imposed  far-reaching  restraints  upon  the  use  of 
the  submarine  weapon  solely  in  consideration  of  the  interests  of  neu- 
trals, in  spite  of  the  fact  that  these  restrictions  are  necessarily  of 
advantage  to  Germany's  enemies;  no  such  consideration  has  ever  been 
shown  to  the  neutrals  by  Great  Britain  and  her  allies. 
1     P^,<^'<'™a"  submarine  forces  have  had,  in  fact,  orders  to  con- 
duct submarine  warfare  in  accordance  with  the  general  principles  of 
visit  and  search  and  destruction  of  merchant  vessels  as  recognized 
by  international  law,  the  sole  exception  being  the  conduct  of  warfare 
against  the  enemy  trade  carried  on  enemy  freight  ships  that  are 
encountered  m  the  war  zone  surrounding  Great  Britain;  with  regard 
to  these  no  assurances  have  ever  been  given  to  the  Government  of  the 


THE  UNITED  STATES  AND  GERMANY 


91 


Uoited  States;  no  such  assurance  was  contained  in  the  declaration 
of  February  8,  1916.  The  Qerman  Government  cannot  admit  any 
doubt  that  these  orders  have  been  given  and  are  executed  in  good 
faith.  Errors  have  actually  occurred;  they  can  in  no  kind  of  war- 
fare be  avoided  altogether,  and  allowances  must  be  made  in  the  con- 
duct of  naval  warfare  against  an  enemy  resorting  to  all  kinds  of 
ruses,  whether  permissible  or  illicit.  But,  apart  from  the  possibility 
of  errors,  naval  warfare,  just  like  warfare  on  land,  implies  unavoid- 
able dangers  for  neutral  persons  and  goods  entering  the  fighting  zone. 
Even  in  cases  where  naval  action  was  confined  to  their  ordinary  forms 
of  cruiser  warfare,  neutral  persons  and  goods  have  repeatedly  come 
to  grief.  The  German  Government  has  repeatedly  and  explicitly 
pointed  out  the  dangers  from  mines  that  have  led  to  the  loss  of  numer- 
ous ships.  The  German  Government  has  made  several  proposals  to 
the  Government  of  the  United  States  in  order  to  reduce  to  a  mini- 
mum for  American  travelers  and  goods  the  inherent  dangers  of  naval 
warfare.  Unfortunately  the  Government  of  the  United  States  has 
decided  not  to  accept  these  proposals;  had  it  accepted,  the  Govern- 
ment of  the  United  States  would  have  been  instrumental  in  prevent- 
ing the  greater  part  of  the  accidents  that  American  citizens  have  met 
with  in  the  meantime.  The  German  Government  still  stands  by  ita 
offer  to  come  to  an  agreement  along  these  lines. 

As  the  German  Government  has  repeatedly  declared,  it  cannot 
dispense  with  the  use  of  the  ubmarine  weapon  in  the  conduct  of  war- 
fare against  enemy  trade.  The  German  Government,  however,  has 
now  decided  to  make  a  further  concession  in  adapting  the  methods 
of  submarine  warfare  to  the  interests  of  the  neutrals;  in  reaching 
this  decision  the  German  Government  has  been  actuated  by  con- 
siderations which  are  above  the  level  of  the  disputed  question. 

The  German  Government  attaches  no  less  importance  to  the  sacred 
principles  of  humanity  than  the  Government  of  the  United  States. 
Again,  it  fully  takes  into  account  that  both  Governments  have  for 
many  years  cooperated  in  developing  international  law  in  conformity 
with  these  principles,  the  ultimate  object  of  which  has  been  always 
to  confine  warfare  on  sea  and  on  land  to  the  armed  forces  of  the 
belligerents  and  to  safeguard,  as  far  as  possible,  noncombatants 
against  the  horrors  of  war. 

But,  although  those  considerations  are  of  great  weight,  they  alone 
would  not,  under  the  present  circumstances,  have  determined  the  atti- 
tude of  the  German  Government. 

For,  in  answer  to  the  appeal  made  by  the  United  States  Govern- 
ment on  behalf  of  the  sacred  principles  of  humanity  and  international 
law,  the  German  Government  must  repeat  once  more  with  all  em- 
phasis that  it  was  not  the  German  but  the  British  Government  which, 
ignoring  all  the  accepted  rules  of  international  law,  has  extended  this 
terrible  war  to  the  lives  and  property  of  noncombatants,  having  no 
regard  whatever  for  the  interests  and  rights  of  the  neutrals  and 
noncombatants  that  through  this  method  of  warfare  have  been  severely 
injured. 


92  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

i.M°ii15!'^*'*°'®  against  the  illegal  conduct  of  British  warfare, 
while  fighting  a  bitter  struggle  for  her  national  existence,  Germany 
had  to  resort  to  the  hard  but  effect   e  weapon  of  submarine  warfare. 
As  matters  stand,  the  German  Government  cannot  but  reiterate  its 
regret  that  the  sentiments  of  humanity  which  the  Government  of  the 
United  States  extends  with  such  fervor  to  the  unhappy  victims  of 
submarine  warfare  are  not  extended  with  the  same  warmth  of  feeling 
to  the  many  millions  of  women  and  children  who,  according  to  the 
*^**    u    ^°t^"*i°"s  of  the  British  Government,  shall  be  starved  and 
who,  by  their  sufferings,  shall  force  the  victorious  armies  of  the  cen- 
tral powers  into  ignominious  capitulation.    The  German  Government, 
in  agreement  with  the  German  people,  fails  to  understand  this  dis- 
crimination, all  the  more  as  it  has  repeatedly  and  explicitly  declared 
Itself  ready  to  use  the  submarine  weapon  in  strict  conformity  with 
the  rules  of  international  law  as  recognized  before  the  outbreak  of 
the  war,  if  Great  Britain  were  likewise  ready  to  adapt  her  conduct 
of  warfare  to  these  rules.    The  several  attempts  made  by  the  Gov- 
ernment of  the  United  States  to  prevail  upon  the  British  Government 
to  act  accordingly  have  failed  because  of  the  flat  refusal  on  the  part 
of  the  British  Government.    Moreover,  Great  Britain  has  '•ver  since 
again  and  again  violated  international  law,  surpassing  all  bounds  in 
outraging  neutral  rights.     The  latest  measure  adopted  by  Great 
Britain,  declaring  German  bunker  coal  as  contraband  and  establish- 
ing conditions  under  which  alone  English  bunker  coal  shall  be  sup- 
plied to  neutrals,  is  nothing  but  an  unheard  of  attempt,  by  way  of 
exaction,  to  force  neutral  tonnage  into  the  service  of  the  British 
trade  war. 

Tiie  German  people  knows  that  the  Government  of  the  United 
States  has  the  power  to  confine  this  war  to  the  armed  forces  of  the 
belligerent  countries  in  the  interest  of  humanity  and  the  maintenance 
of  international  law.  The  Government  of  the  United  States  would 
have  been  certain  of  attaining  this  end  had  it  been  determlnet'  to 
insist  against  Great  Britain  on  its  incontestable  rights  to  the  freedom 
of  the  seas.  But,  as  matters  stand,  the  German  people  is  under  the 
impression  that  the  Government  of  the  United  States,  while  demand- 
ing that  Germany,  struggling  for  her  existence,  shall  restrain  the  use 
of  an  effective  weapon,  and  while  making  the  compliance  with  these 
demands  a  condition  for  the  maintenance  of  relations  with  Germany, 
confines  itself  to  protests  against  the  illegal  methods  adopted  by  Ger- 
many s  enemies.  Moreover,  the  German  people  knows  to  what  a  con- 
siderable extent  its  enemies  are  supplied  with  all  kinds  of  war  material 
from  the  United  State<. 

It  will  therefore  be  understood  that  the  appeal  made  by  the  Gov- 
ernment of  the  United  States  to  the  sentiments  of  humanity  and  to 
the  principles  of  international  law  cannot,  under  the  circumstances, 
meet  with  the  same  hearty  response  from  the  German  people  which 
such  an  appeal  is  otherwise  always  certain  to  find  here.  If  the  Ger- 
man Government,  nevertheless,  has  resolved  to  go  to  the  utmost  limit 
of  concessions,  it  has  not  alone  been  guided  by  the  friendship  con- 


trol:- 


THE  UNITED  STATES  AND  GERMANY 


necting  the  two  great  nations  for  over  a  hundred  years,  but  it  also 
has  thought  of  the  great  doom  which  threatens  the  entire  civilized 
world  should  this  cruel  and  sanguinary  war  be  extended  and  pro- 
longed. 

The  (Jerman  Government,  conscious  of  Germany's  strength,  has 
twice  within  the  last  few  months  announced  before  the  world  its 
readiness  to  make  peace  on  a  basis  safeguarding  Germany's  vital 
interests,  thus  indicating  that  it  is  not  Germany's  fault  if  peace  is 
ttill  withheld  from  the  nations  of  Europe. 

The  German  Government  feels  all  the  more  justified  to  declare 
that  the  responsibility  could  not  be  borne  before  the  forum  of  man- 
kind and  history  if,  after  twenty-ono  months'  duration  of  the  war,  the 
submarine  question  under  discussion  between  the  German  Government 
and  the  Government  of  the  United  States  were  to  take  a  turn  seri- 
ously threatening  the  maintenance  of  peace  between  the  two  nations. 

As  far  as  it  lies  with  the  German  Government,  it  wishes  to  pre- 
vent things  from  taking  such  a  course.  The  German  Government, 
moreover,  is  prepared  to  do  its  utmost  to  confine  the  operations  of 
war  for  the  rest  of  its  duration  to  the  fighting  forces  of  the  belliger- 
ents, thereby  also  insuring  the  freedom  of  the  seas,  a  principle  upon 
which  the  German  Government  believes,  now  as  before,  to  be  in  agree- 
ment with  the  Government  of  the  United  States. 

The  German  Government,  guided  by  this  idea,  notifies  the  Gov- 
ernment of  the  United  States  that  the  German  naval  forces  have 
received  the  following  orders:  In  accordance  with  the  general  prin- 
ciples of  visit  and  search  and  destruction  of  merchant  vessels  recog- 
nized by  international  law,  such  vessels,  both  within  and  without  the 
area  declared  as  naval  war  zone,  shall  not  be  sunk  without  warning 
and  without  saving  human  lives,  unless  these  ships  attempt  to  escape 
or  offer  resistance. 

But  neutrals  cannot  expect  that  Germany,  forced  to  fight  for  her 
existence,  shall,  for  the  sake  of  neutral  interest,  restrict  the  use  of  an 
effective  weapon  if  her  enemy  is  permitted  1o  continue  to  apply  at 
will  methods  of  warfare  violating  the  rules  of  international  law. 
Such  a  demand  would  be  incompatible  with  the  character  of  neu- 
trality, and  the  German  Government  is  convinced  that  the  Govern- 
ment of  the  United  Stat  ^  ''oes  not  think  of  making  such  a  demand, 
knowing  that  the  Govern.  \t  of  the  United  States  has  repeatedly 
declared  that  it  is  determincit  to  restore  the  principle  of  the  freedom 
of  the  seas,  from  whatever  quarter  it  is  violated. 

Accordingly,  the  German  Government  is  confident  that,  in  con- 
sequence of  the  new  orders  issued  to  its  naval  forces,  the  Government 
of  the  United  States  will  now  also  consider  all  impediments  removed 
which  may  have  been  in  the  way  of  a  mutual  cooperation  towards 
the  restoration  of  the  freedom  of  the  seas  during  the  war  as  sug- 
gested in  tlie  note  of  July  2'i.  1915,  and  it  does  not  doubt  that  the 
Government  of  the  United  States  will  now  demand  and  insist  that 
the  British  Government  shall  forthwith  observe  the  rules  of  inter- 
national law  universally  recognized  before  the  war  as  they  are  laid 


Iv 


i 


94 


DIPLOMATIC  CORBESPONDENCE  BETWEEN 


down  in  the  notes  presented  by  the  OoTernment  of  the  United  States 
to  the  British  Gtevemment  on  December  28,  1914,  and  November  5, 
1915.  Should  the  steps  taken  by  the  Government  of  the  United  States 
not  attain  the  object  it  desires  to  have  the  laws  of  humanity  followed 
by  all  belligerent  nations,  the  Qerman  Government  would  then  be 
facing  a  new  situation,  in  which  it  must  reserve  itself  complete  liberty 
of  decision. 

The  undersigned  avails  himself  of  this  occasion  to  renew  to  the 
American  Ambassador  the  assurances  of  his  highest  consideration. 

Von  Jaoow. 

Foreign  OflHce  informs  me  note  will  be  given  out  here  to  the  Qer- 
man newspapers  and  American  correspondents  late  to-morrow 
afternoon.  Gebabo. 


,.Sfe 


.-•■! 


1-1 


The  Secretary  of  State  to  Ambassador  Oerard. 

[Telegram.] 

Department  op  State, 
Washington,  May  8,  1916. 
You  are  instructed  to  deliver  to  the  Minister  of  Foreign  Affairs  a 
communication  textually  as  follows: 

The  note  of  the  Imperial  German  Government  under  date  of  May  4, 
1916.  has  received  careful  consideration  by  the  Government  of  the 
United  States.  It  is  especially  noted,  as  indicating  the  purpose  of  the 
Imperial  Government  as  to  the  future,  that  it  "is  prepared  to  do  its 
utmost  to  confine  the  operations  of  the  war  for  the  rest  of  its  dura- 
tion to  the  fighting  forces  of  the  belligerents,"  and  that  it  is  deter- 
mined to  impose  upon  all  its  commanders  at  sea  the  limitations  of 
the  recognized  rules  of  international  law  upon  which  the  Government 
of  the  United  States  has  insisted.  Throughout  the  months  which  have 
elapsed  since  the  Imperial  Government  announced,  on  February  4, 
1915,  its  submarine  policy,  now  happily  abandoned,  the  Government 
of  the  United  States  has  been  constantly  guided  and  restrained  by 
motives  of  friendship  in  its  patient  efforts  to  bring  to  an  amicable 
settlement  the  critical  questions  arising  from  that  policy.  Accepting 
the  Imperial  Government's  declaration  of  its  abandonment  of  the 
policy  which  has  so  seriously  menaced  the  good  relations  between  the 
two  countries,  the  Government  of  the  United  States  will  rely  upon 
a  scrupulous  execution  henceforth  of  the  now  altered  policy  of  the 
Imperial  Government,  such  as  will  remove  the  principal  danger  to 
an  interruption  of  the  good  relations  existing  between  the  United 
States  and  Germany. 

The  Government  of  the  United  States  feels  it  necessary  to  state 
that  it  takes  it  for  granted  that  the  Imperial  German  Government 
does  not  intend  to  imply  that  the  maintenance  of  its  newly  announced 


THE  UNITED  STATES  AND  GERMANY 


95- 


n 


policy  is  in  any  way  contingent  upon  the  course  or  result  of  diplo- 
matic negotiations  between  the  Government  of  the  United  States  and 
any  other  belligerent  Government,  notwithstanding  the  fact  that  cer- 
tain passages  in  the  Im.-erial  Government's  note  of  the  4th  instant 
might  appear  to  be  susceptible  of  that  construction.  In  order,  how- 
ever, to  avoid  any  possible  misunderstanding,  the  Government  of  the 
United  States  notifies  the  Imperial  Government  that  it  cannot  for  a 
moment  entertain,  much  less  discuss,  a  suggestion  that  respect  hy 
German  naval  authorities  for  the  rights  of  citizens  of  the  United  States 
upon  the  high  seas  should  in  any  way  or  in  the  slightest  degree  be 
made  contingent  upon  the  conduct  of  any  other  Government  affect- 
ing the  rights  of  neutrals  and  noncorabatants.  Responsibility  in  such 
matters  is  single,  not  joint;  absolute,  not  relative. 

Lansinu. 


The  Oerman  Ambassador  to  fhe  Secretary  of  State. 

German-  Embassy, 
Washington,  May  12,  1916. 
Mb.  Secbetabt  op  State: 

A  German  submarine,  in  January,  last,  signaled  with  flags  from 
a  distance  the  Dutch  steamer  Bandoeng  to  stop.  Instead  of  immedi- 
ately complying  with  that  summons,  permissible  under  international 
law,  the  Dutch  steamer  turned  at  high  speed  on  the  submarine,  whose 
commander,  on  the  assumption  warranted  by  the  circumstances  that 
he  had  to  do  with  an  English  ship  in  disguise  bent  on  attacking  him, 
then  opened  fire  on  her.  The  steamer  Bandoeng  then  stopped  and 
sent  over  a  boat  for  the  examination  of  the  ship's  papers.  On  being 
asked  about  his  captain's  proceeding,  the  Dutch  officer  in  command 
of  the  boat  explained  that  he  wanted  to  come  nearer  the  submarine 
80  as  to  shorten  the  visitation  formalities. 

The  Imperial  Government  finds  in  the  incident  occasion  to  sug- 
gest to  the  neutral  Governments  that  the  masters  of  their  merchant 
ships  be  given  to  understand  that  in  the  event  of  thus  being  stopped 
by  German  public  vessels  the  provisions  of  international  law  must  b-J 
observed  to  the  letter  and  that  their  special  attention  be  called  to 
the  danger  incurred  by  turning  their  ships  on  a  submarine.  Thus 
alone  can  incidents  of  the  foregoing  description  be  avoided,  the  respon- 
sibility for  which  would  exclusively  lie  upon  the  neutral  shipmaster. 
Accept,  etc.,  Bebnstobfp. 


ill 


96  DIPLOBLATIC  CORRESPONDENCE  BETWEEN 

The  Secretary  of  State  to  Amba$tador  Oerard. 

[  Telegram — Paraphraae.  ] 

Department  op  State, 
Washington,  August  16,  1916. 

Mr.  Lansing  states  that  the  Department  of  State  has  been  informed 
by  the  American  Consul  Oeneral  at  Rotterdam  that  Captain  Barlow 
of  the  American  steamer  Owego,  plying  between  New  York  and  Rot- 
terdam, arrived  at  the  latter  city  on  August  14  and  reported  that 
his  vessel  was  fired  at  ten  times  in  the  British  Channel,  near  the  Isle 
of  Wight,  by  a  Gkrman  submarine,  but  uo  casualties  reported.  Mr. 
Gerard  is  instructed  to  bring  the  matter  at  once  formally  to  the  atten- 
tion of  the  Foreign  Minister  and  request  a  prompt  investigation  of  the 
case  and  a  prompt  statement  of  the  findings. 

Mr.  Lansing  adds  that  Mr.  Gerard  will  perceive  the  importance  of 
giving  his  constant  attention  to  the  case  until  a  reply  from  the  Ger- 
man Government  is  received. 


i\V 


^4 

14- 


Ambassador  Oerard  to  the  Secretary  of  Staie. 

[Telegram.] 

American  Ehbabst, 
Berlin,  August  27,  1916, 
Foreign  Office  in  a  note  dated  August  26,  which  was  received 
to-day,  replies  as  follows  in  regard  to  American  steamer  Owego: 

As  established  by  the  Admiralty  Staff  of  the  Imperial  Navy,  a 
German  submarine  at  2:40  afternoon,  on  August  3,  with  very  clear 
weather  and  smooth  sea,  sighted  a  slow-going  steamer  of  an  old  type 
and  stood  by.  At  a  distance  of  6,000  meters  the  submarine  made  the 
steamer  a  signal  to  stop  and  gave  two  warning  shots.  As  nothing 
happened  on  the  steamer,  whose  fiag  was  not  recognizable  but  which 
nevertheless  continued  to  proceed  on  its  way,  three  further  warning 
shots  were  fired.  As  the  steamer  neither  made  an  "understood" 
signal  nor  stood  by,  fire  was  opened  on  it.  After  six  shots  (eleven 
shots  in  all)  it  hoisted  American  flag  on  the  forestay  and  stopped. 
The  distance  was  now  2,000  meters.  The  submarine  signaled  "send 
immediately  boat  with  the  papers,"  to  which  the  captain  of  the 
steamer  answered  by  hoisting  his  designation  signal  but  did  nothing 
more.  When,  after  a  further  seventeen  minutes,  no  preparations  were 
made  to  launch  a  boat  the  commander  of  the  submarine  fired  a  shot 
across  the  steamer's  bow.  After  ten  minutes  the  first  officer  came  on 
board  the  svihmarine  and  stated  that  the  captain  had  not  observed  the 
submarine  until  then.  The  Imperial  Government  cannot  give  any 
credence  to  this  evasive  excuse,  since  the  note  of  August  18  mentions 


THE  UNITED  STATES  AND  GERMANY 


97 


ten  shots  fired  at  th«  steamer,  from  which  it  is  undeniably  clear  that 
the  warning  shots  were  heard  by  the  captain  of  the  Owego,  but  that 
no  attention  was  paid  to  them. 

Under  these  circumstances  the  Imperial  Government  finds  itself 
under  the  necessity  of  emphasizing  the  fact  that  while  the  conduct 
of  the  commander  of  the  submarine  was  in  every  respect  correct,  the 
behavior  of  the  steamer  Owego  was  not  in  accordance  with  the  rules 
of  international  law.  The  captain  would  therefore  have  had  only 
himself  to  blame  had  his  conduct  brought  about  unpleasant  results. 

Gerabd. 


i 


The  Secretary  of  State  to  Ambassador  Oerard. 
[Telegram — Paraphrase.  ] 

Department  of  State, 
Washington,  September  18, 1916. 

Mr.  Lansing,  referring  to  ilr.  Gerard's  mail  dispatch  numbered 
3920  and  datpd  August  29,  informs  him  that  the  substance  of  the  Ger- 
man note  of  the  26th  of  August  in  the  matter  of  the  American  steamer 
Owego  had  been  submitted  to  the  vessel's  owners  who  informed  the 
Department  that  the  captain  of  the  vessel  says  that,  while  he  heard 
firing  he  never  saw  any  submarine  and  never  knew  any  shots  were 
fired  at  the  Owego  or  across  her  bow  imtil  after  the  submarine  came  in 
sight  and  then  he  could  not  understand  her  signals  on  account  of  there 
being  no  wind  to  unfurl  her  flags  so  they  would  stand  out  and  dis- 
close her  nationality.  The  captain  further  states  that  it  was  and  is 
his  conception  of  his  duty  that  when  stopped  he  should  wait  until  a 
boarding  party  from  a  warship  came  on  board  of  his  vessel  to  make 
search  and  not  he  to  leave  his  own  vessel  to  board  any  foreign  war- 
ship. 

Mr.  Lansing  states  that  this  Government  trusts  that  the  German 
Imperial  Government  will  see  its  way  clear  to  warn  its  undersea 
commanders,  if  in  fact  it  has  not  already  done  so.  to  be  most  par- 
ticular in  their  efforts  to  make  sure  that  their  signals  are  under- 
stood by  merchantmen  before  extreme  meaHures  are  taken  which  might 
result  in  the  destruction  of  American  lives  and  property.  In  order 
that  this  may  not  occur  this  Government  has  informed  ship  owners 
that  war  submarines'  signals  should  be  answered  promptly  and  fol- 
lowed. 

Mr.  Lansing  instructs  Mr.  Gerard  to  address  a  note  to  the  German 
foreign  minister  in  such  terms  ra  the  foregoing  indicates  as  a  reply  to 
his  note  of  August  26,  1916. 


I'fj 


m' 


f       jT!;   U 


M; 


98  DIPLOMATIC  CORRESPONDENCE  BETWEEN 

The  Secretary  of  State  to  Ambassador  Gerard. 

[Telegram — Paraphrase.  ] 

Department  or  Statb, 
Washington,  September  29,  1916. 
Mr.  Lanaing  informs  Mr.  Gerard  that  the  master's  statement  of 
the  steamer  Owego  in  his  laxt  telegram  was  transmitted  to  him  in  the 
language  of  the  United  States  Steamship  Company,  and  further  in- 
forms him  that  he  now  has  the  master's  own  statement  made  after- 
ward which  is  as  follows : 

"Ever  since  early  morning  of  that  day  we  heard  sounds  of  heavy 
cannon  coming  from  the  direction  of  the  French  coast,  which  was 
nearer  to  us  than  the  English  coast,  but  not  discernible.  About  12.40 
p.  m.,  on  that  day  I  was  below  eating  my  dinner  when  my  first  mate, 
H.  Hattfield,  came  to  me  and  stated  that  he  heard  guns  of  smaller 
caliber  and  closer  to  us,  but  nothing  could  be  seen.  I  then  went  on 
declc  with  said  first  mate,  and  the  first  thing  I  saw  was  a  shot  dropping 
in  the  water  about  100  feet  from  our  stern,  which  shot  dropped  di- 
rectly in  the  wake  of  the  vessel.  I  looked  with  the  aid  of  glasses,  as 
did  all  of  the  officers  of  the  vessel,  but  none  of  us  were  able  to  discover 
any  boat  in  sight.  I  ordered  the  wheel  put  hard  starboard  and  the 
engines  stopped,  which  was  done.  About  15  minutes  later  we  made 
out  the  submarine  coming  slowly  toward  us.  At  that  time,  to  my 
judgment,  she  was  about  one  mile  away.  Said  submarine  had  signals 
hoisted  but,  owing  to  the  entire  lack  of  wind,  they  were  lying  flat 
against  the  flagstaff  instead  of  being  carried  out  by  the  breeze  and 
we  were  unable  to  make  out  what  the  signals  were.  We  were  laying 
still  at  that  time.  Then  there  was  a  shot  fired  which  came  within 
about  four  feet  of  the  broad  side  of  the  vessel  and  the  submarine  kept 
coming  slowly  toward  us.  When  she  was  about  one-half  mile  away  we 
were  able  to  make  out  one  flag  and  guessed  at  the  rest.  We  immedi- 
ately proceeded  to  lower  a  boat  and  I  dispatched  the  first  mate  with 
the  ship's  papers.  The  Owego  was  displaying  a  large  American  flag 
on  her  stem  and  also  a  large  American  flag  amidship.  Her  name 
and  the  lettci-s  U.  S.  A.  were  painted  in  white  letters  6  feet  long, 
extending  nearly  from  bow  to  stem  on  either  side.  I  did  not  know 
the  exact  number  of  shots  which  said  submarine  fired.  I  having  seen 
but  four  shots  which  struck  near  the  vessel.  There  was  no  shot  fired 
across  the  steamer's  bow  as  stated  in  the  German  note.  The  com- 
mander of  the  submarine  informed  my  first  mate  that  he  had  fired 
11  or  12  shots  at  us  and  that  was  the  source  of  my  information  when 
I  gave  the  number  of  shots  fired.  The  first  m.itc  returned  from  the 
submarine  with  said  papers  and  a  permit  written  in  German  and 
signed  by  the  commander  allowing  the  vessel  to  proceed,  which  she 
did.  The  boat  which  I  sent  out  to  the  submarine  was  launched  as 
quickly  as  possible  after  I  discovered  the  submarine  signal  to  send 


H 


THE  TINITED  STATES  AND  GERMANY  M 

Mune.  I  did  not  know  we  were  being  flred  upon  by  raaaon  of  'h*  heavy 
flring  in  the  direction  of  the  Preach  cout,  but  itopped  the  veaiel 
and  waited  a«  mooo  an  it  waa  diacovered  that  the  firing  waa  near  to  ua 
and  sounded  differently  than  what  we  had  been  hearing." 

Mr.  Gerard  is  instructed  that  if  he  can  diacem  no  objectioq  he 
la  permitted  to  submit  this  further  statement  to  the  Foreign  Office, 
augmented  by  the  information  contained  in  Mr.  Lansing's  last  tele- 
gram, and  is  also  informed  that  this  information  is  being  forwarded  to 
the  end  that  he  may  have  all  the  facta  necessary  for  the  information  of 
the  German  Government. 


The  Secretary  of  State  to  Charge  Grew. 

[Telegram— Paraphrase.  ] 

Depabtment  of  State, 
Washington,  October  30.  1916. 

Mr.  Grew  is  informed  of  receipt  of  telegram  dated  October  28, 
1916,  from  the  American  Consul  at  Queentttown,  reporting  that  the 
"Pumcas  freighter  Rowanmore,  Baltimore  for  Liverpool,  mixed 
cargo,  including  munitions,  attacked  by  German  submarine  eight 
forty-five  a.  m.,  twenty-sixth,  one  hundred  forty  miles  west  southwest 
of  Cape  Clear,  after  fifty  minutes'  attempt  escape  Rowanmore'x  steer- 
ing gear  waa  shot  away.  Master  thereupon  stopped  and  signaled  sub- 
marine he  waa  abandoning  ship.  Submarine  three-fourths  miles  dis- 
tant continued  shelling  as  it  came  up,  originally  three  miles  off.  Sub- 
marine shelled  boata  after  latter  were  clear,  no  casualties  whatever, 
but  Americans  and  officers  insist  submarine  was  firing  to  kill  until  it 
came  close  up,  when  it  forewent  that.  Submarine  forcibly  took  mas- 
ter on  board  it  as  prisoner  or  hostage.  Expressed  perfunctory  regret 
at  situation  of  crew  of  seventy-nine  men,  who  were  in  four  open  boata. 
Weather  was  dull,  with  heavy  swell  and  light,  choppy  waves,  wind 
moderate  to  fresh.  Submarine  shelled  Rowanmore  and  at  eleven  thirty 
torpedoed  her,  but  vessel  did  not  sink  until  two  forty  p.  m.  Rowan- 
more had  wirelessed  the  Finland,  thirty  miles  away,  warning  her  to 
keep  away,  also  wirelessed  other  vessels.  British  Admiralty  vessel 
came  to  rescue  eleven  forty-five  a.  m.  Crew  landed  Bantry  ten  a.  m., 
twenty-seventh.  Seven  Americans,  of  whom  five  are  Fillipines,  other 
two  are  native  Americans,  George  Murphy,  seven  hundrod  forty  Jef- 
ferson Avenue,  Brooklyn,  and  Albert  Sessler,  forty-two  Sharon  Street, 
Boston.  Both  rated  trimmers.  Their  affidavit  is  taken.  Took  state- 
ment first  officer  Watson,  but  could  not  complete  it  formally,  as  he 
had  only  two  hours  in  Cork.  Rowanmore  had  gross  tonnage  six  thou- 
sand seven  hundred  five." 

Mr.  Grew  is  instructed  to  bring  the  matter  to  the  attention  of  the 


m 


100 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


Otrman  GoTernment  for  invjitigttioa  and  to  report  as  loon  •■ 
poHible. 


'    f 


Charg6  Grew  to  the  Secretary  of  Statt. 
[Tclegr«"n] 

AmERICAN  BlCBAmT, 

Btrlirt,  Sovember  3,  1916 
With  refpfenoc  to  Department's  3530,  thirtieth  October,  and  3532, 
thirty-firat,  following  i*  a  translation  of  note  dated  to^ay  received 
from  Porcipj  Office  at  ten  thirty  this  cvcninir: 

"The  undersigned  has  the  honor  to  reply  as  follows  to  the  Amcri- 
ean  Charge  d 'Affaires,  Mr.  Grew,  with  reference  to  the  two  notes  of 
the  second  instant  relative  to  the  sinking  of  the  British  steamers 
Rowanmore  and  ^artna  '  by  German  submarines : 

"The  Imperial  Government  is  not  yet  in  a  position  to  give  a 
positive  statement  regardinK  the  eases  in  question,  since  the  sub- 
marincM  which  come  into  question  for  the  Binkinff  are  still  on  their 
voyage  without  it  having  yet  bet-n  poiwible  to  get  into  communication 
with  them.  As  soon  as  they  sliall  hnvc  returned  an  exact  investiga- 
tion of  their  procedure  will  be  instituted  and  immediately  upon  its 
completion  the  result  will  be  communicated  to  the  American  Embassy. 

"The  Imperial  Government,  however,  wishes  even  now  to  express 
the  conviction  that  the  proceedings  connected  with  the  sinking  of  the 
two  ships  could  not  have  occurred  as  the  informants  of  the  Ameri- 
can Government  state.  For  the  commanders  of  the  German  sub- 
marines operating  against  England  have  the  strictest  and  most  sharply 
controlled  instructions  to  keep  carefully  within  ^hc  limits  of  the  rules 
the  observance  of  which  the  Imperial  Government  promised  in  its 
note  of  May  fourth,  1916,  and  which  since  then  have  been  observed 
by  the  Gorman  submarines  with  the  greatest  exactness. 

"The  undersigned  avails  himself  of  this  occasion,  et  cetera. 

' '  ( Signed )  Zimmekm ann.  ' ' 

Grew. 


The  Secretani  of  State  to  Charge  Grew. 
[  Telegram — Paraphrase.  ] 

Department  op  State, 
Washington,  November  18,  1916. 
Mr.  Lansing  states  that  the  Department  has  been  advised  of  the 
torpedoing  without  warning  of  the  British  ship  Sebek,  with  Americans 
aboard,  bound  from  Liverpool  to  Alexandria,  while  ten  miles  east  of 
Malta,  on  October  12. 

Also  the  Department  is  advised  that  the  ship  Delta,  of  Norwegian 

'  Not  printed. 


THE  UNITED  STATES  AND  QERMANT 


101 


reRiMtry,  bound  from  Naplea  to  Wales,  in  ballut,  and  on  which  then 
were  \mericana.  wa*  Hunk  by  cannon  nhot  ou  October  31,  flfty-five 
milea  uff  Cape  PaluH,  Spain,  by  a  Uerman  aubmarinc. 

Mr.  Grew  is  iiint rutted  to  '    '"^i  to  the  attention  of  the  Oemiin 
riovemment  the  above  caaea  i  li  ii  ap|>eani  the  lives  of  Ameri- 

can citiacDs  have  Uin  jeopardu  Oermau  submarines,  and  request 

•n  imnwdiate  invetttigutioii  and  report. 


The  Secretary  of  State  to  Ambattador  Gerard. 
[Telegram — Paraphrase.] 

DF-rABTMENT  OF  StaTE. 
Wathington,  November  18,  1916. 
Mr.  Lansing  hiates  thnt  the  American  steamship  Lanao,  unarmed, 
of  Philippine  registry,  which  wiw  en  route  from  Saigon  to  Havre, 
laden  with  rice,  was  sunk  on  October  28  by  a  Oermnn  submarine 
while  off  Cape  Vincent,  Portugal,  about  thirty  miles.  Mr.  Gerard  is 
instructed  to  bring  this  ease  to  the  (}ermau  Government's  immediate 
attention,  with  the  request  that  it  be  investigated  and  u  prompt  report 
made  cunceruiug  the  sinking  of  an  American  vessel. 


i^lj 


The  Secretary  of  State  to  Chargi'  Grew} 

[Telegram — Paraplnasc] 

Department  op  State, 
Wa.shi)U]toii,  November  18,  1916. 

Mr.  Grew  is  advised  that  the  Department  has  l)ecn  informed  that 
the  steamer  Arabia  of  the  P  and  O  line  was  torpedoed  without  warn- 
ing by  a  German  or  Austrian  submarine  in  the  Mediterranean  on 
November  6,  while  on  her  homcwurd  voyajtc.  The  ship  had  on  board 
■ome  480  passengers,  including  women  nud  children  to  the  number 
of  about  170.  The  weather,  it  appears,  was  fine,  and  the  submarine 
could  have  seen  women  and  children  on  the  deck  of  the  ship  before 
dispatching  the  torpedo.  This  Govi-rnment  finde  itself  nnable  to 
square  this  disaster  with  the  assurance  of  the  German  Government 
of  May  4.  1916,  which  the  Government  of  the  United  States  under- 
stands binds  both  Central  Powers. 

Mr.  Grew  is  instructed  to  bring  this  case  to  the  attention  of  the 
German  Government  and  to  request  an  immediate  investigation  and 
a  prompt  report. 

'  Same,  mutatis  mutandis,  to  tlie  Embassy  at  Vienna. 


f 

si-.  I 


-    ff 


I  Ri 


I  iil 


102        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

The  Secretary  of  State  to  Charge  Grew. 

[Telegram — Paraphrase.] 

Departu ENT  OP  State, 
Washington,  November  18,  1916. 
Mr.  Lansing  informs  Mr.  Grew  that  the  Department  is  advised  that 
the  American  steamer  Columbian,  bound  to  Genoa  from  St.  Nazaire 
in  ballast,  was  sunk  on  November  7  by  German  submarine  U-49  about 
50  miles  northwest  of  Cape  Ortegal.    Apparently  the  crew  was  saved. 
Mr.  Grew  is  instructed  to  bring  to  the  immediate  attention  of  the 
Oerman  Government  the  case  of  the  Columbian,  with  a  request  for  an 
investigation  and  prompt  report. 


Charge  Grew  to  the  Secretary  of  State. 

American  Embassy, 
Berlin,  November  21,  1916. 
Sir  :  With  reference  to  my  dispatches  Nos.  4529 '  of  November  4, 
1916,  and  4532 '  of  November  7,  1916,  I  have  th«  honor  to  inclose 
herewith,  in  order  to  complete  the  files  of  the  Department,  a  copy 
and  translation  of  the  Note  from  the  Imperial  Foreign  Office,  dated 
November  19,  1916,  replying  to  the  Embassy's  inquiry  in  regard  to 
the  sinking  of  the  steamer  Rowanmore.  The  text  of  this  Note  was 
cabled  to  the  Department  in  my  telegram  No.  4622 '  of  November  20, 
1916. 

I  have,  etc.,  j.  c.  Grew. 


it 


■I 


[  Inclosure— Translation.  ] 

FoREiON  Office, 
Berlin,  November  19,  1916. 
The  undersigned  has  the  honor  to  inform  Mr.  Joseph  Clark  Grew, 
Charge  d 'Affaires  of  the  United  States  of  America,  in  reply  to  the 
notes  of  the  2nd  and  7th  instant,  and  in  supplement  to  the  note  of 
the  Foreign  Office  of  the  3rd  instant  that  the  investigation  of  the 
sinking  of  the  English  steamer  Rowanmore,  conducted  by  the  Ad- 
miralty Staff  of  the  Imperial  German  Navy  has  led  to  the  following 
result : 

At  about  9.30  o'clock  on  the  morning  of  October  26th  last,  a 

steamer  was  sighted  pointing  eastward;  there  was  a  light  westerly 

wind  and  a  light  sea  therefrom  but  a  heavy  westward  Atlantic  roll. 

Upon  approaching  it  was  seen  to  be  a  question  of  an  English  steamer. 

'  Not  printed. 


\  "5    • 


THE  UNITED  STATES  AND  GERMANY 


103 


The  steamer  was  not  flying  any  flag.  At  a  distance  of  from  5  to  6 
thousand  meters  a  shot  of  warning  was  fired ;  the  steamer  now  turned 
and  ran  away  at  high  speed,  always  keeping  the  submarine  to  the 
starboard  aft.  The  submarine  took  up  the  pursuit  and  kept  the 
steamer  under  gunflre  to  prevent  flight.  It  was  observed  during 
the  pursuit  that  the  steamer  gave  out  wireless  signals  as  to  its  position 
and  the  pursuit  by  the  submarine  in  order  to  attract  help. 

At  about  11.20  o'clock  it  was  perceived  that  the  speed  of  the 
steamer  was  decreasing  and  following  this  that  boats  were  lowered. 
Hereupon  the  firing  was  immediately  stopped.  It  is  a  matter  of  course 
that  no  shots  were  fired  at  the  lifeboats.  This  is  also  confirmed  by 
the  fact  that  nobody  in  the  boats  was  injured. 

The  submarine  was  now  still  about  2,000  meters  away  from  the 
steamer  and  observed  that  a  signal  was  hoisted  on  the  steamer  which 
did  not  however  blow  clear  and  therefore  could  not  be  made  out.  It 
was  not  until  later  that  it  was  learned  from  the  captain  that  he  had 
caused  the  signal  "I  surrender  the  ship"  to  be  hoisted.  According 
to  his  own  testimony  the  signal  was  hoisted  furled  by  an  excited  sea- 
man so  that  it  could  not  be  made  out. 

Upon  approaching  closer  three  large  boats  containing  the  crew 
were  found  and  a  small  gig  in  which  the  captain  of  the  steamer  sat 
alone  with  only  one  scull;  he  had  been  deserted  by  the  crew  when 
the  ship  was  struck  by  several  shells  and  as  the  last  man  on  board 
had  loweied  this  boat  alone;  he  was  taken  from  it  on  board  the  sub- 
marine. He  there  stated  "The  steamer  liowanmore  was  struck  10 
times,  the  last  shot  hitting  the  stem  and  apparently  damaging  the 
screw."    No  one  of  the  crew  was  injured  in  the  shooting. 

't  was  then  ascertained  that  the  Rowanmore  was  on  a  voyage 
from  Baltimore  to  Liverpool.  The  ship  was  sunk.  The  position  was 
latitude  51  degrees  25  minutes  north,  longitude  12  degrees  50  minutes 
west. 

In  the  meantime  a  cloud  of  smoke  came  into  sight  which  proved 
to  be  the  column  of  smoke  from  a  destroyer,  which  was  rapidly  com- 
ing towards  the  submarine.  The  safety  of  the  crew  of  the  steamer 
was  thus  guaranteed.  In  view  of  the  destroyer  the  submarine  sub- 
merged and  made  off. 

The  Oermun  Government  begs  to  point  out  on  this  occasion  that 
the  difficult  situation  in  which  some  American  citizens  were  involved 
during  this  occurrence  is  not  attributable  to  the  action  of  the  sub- 
marine, which  kept  entirely  within  the  bounds  of  international  law, 
but  to  the  attitude  of  the  English  ship,  which  persistently  attempted 
to  escape  until  it  had  lost  its  mobility. 

The  undersigned  avails  himself  of  this  opportunity  to  renew  to 
the  Charge  d 'Affaires  of  the  United  States  of  America  the  assurances 
of  his  distinguished  consideration. 

(sigd.)  v.  Jaqow. 


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ill 


DIPLOMATIC  CORBESPONDENCE  BETWEEN 
Charge  Grew  to  the  Secretary  of  State. 


AinaticAN  EvBAssT, 
m.      -  „      .  .  Berlin.  November  2".  1916 

The  following  note  relative  to  the  sinking  of  the  MartM  has  just 
been  received: 

"Foreign  Ofhce, 
umv        J      .       ^  ^       .  "Berlin,  November  25,  1916. 

nv    The  nndersigned  has  the  honor  to  inform  Mr.  Joseph  Clark  Grew 

S*note1»At'7lf-  "i  '^%  ^^''i  ^*"*^'  ."*  A"*™'  in  H«PPlemen77o 
«P^„n^  in  V  f  >**li'"'^  instant  and  in  reply  to  the  esteemed  note  of  th« 
second  instant,'  Foreign  Office  Number  13985,  that  the  investigation 
of  the  sinking  of  the  British  steamer  Mari,u,  conducted  by  the  German 
Government  has  led  to  the  following  results:  ^"nan 

At  four  fifty  o'clock  on  the  afternoon  of  October  28th  last  a  Ger- 
man submarine  encountered  a  steamer  about  twenty  nautical  miles 
from  the  Skelligs  m  sight  of  land ;  steamer  was  painted  gray,  displayed 
no  flag,  and  had  wooden  super-structure  on  deck  for  transporting 
horses.     The  commander  of  the  submarine  considered  this  steamer 

^iTtf  «''•?  rJt  '^"^  ^'•"''«'  «  ^^"^  ♦"'n^o't  ship  in  the 
Z7n^^-       *,*>«. Bntish  Government  which  he  could  attack  forthwith 

«^«n^h^i?*°!t™'*'°°'/  'r  "''  ""  au:tiHary  warship.  He  was 
strengthened  m  this  view  by  his  activity  in  the  Mediterranean  where 

werp  nln  „?R  ^  w*^  ^^'^^  **'  *^"  ^'""^  «"^  ascertained  that  they 
were  used  as  British  transport  steamers  in  the  Dardanelles  operations 

fhefe«'So?tTar^^^^^  ""^'"^  objectionable  in  torpedoing 
*n»mT^®  assumption  of  the  commander  that  he  was  concerned  with  an 
enemy  transport  seems  correct  since  the  Marim,  as  is  known  to  the 
Geman  Government  from  reliable  sources,  was  actually  used  as  a 

sSd  thif  ""^  '^'^f'"^'  '°  ^'"t  "*>"''"«  °^  ^^^  British  Government, 
fn  fhi  •  ^"T^P*'**?  ^J^""^  however  to  be  a  wrong  one  according 
i^m^«nV*'^S'?K  ""^  the  American  Government,  the  action  of  thi 
h^veXn  J„''""'**J^  attributable  to  a  regrettable  mistake  and  not 
have  been  m  accordance  with  his  instructions;  in  this  event  the  Ger- 
man Government  would  not  hcHitato  to  draw  the  appropriate  conse- 
quences. The  American  Government  is  therefore  requested  further  to 
communicate  the  result  of  its  official  investigatiorin  this  dh-ec5ion 
ahov7t„%rf '^'?';*^  requests  the  Charge  d 'Affaires  to  bring  the 
Sfet  cetera    ^^  American  Government  and  avails  him- 

"(Signed)  Zimmerman.v." 

•Not  printed.  ^"^^^ 


THE  UNITED  STATES  AND  GERMANY  105 

Charge  Orew  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 
Berlin,  December  4,  1916. 
The  following  note  relative  to  the  sinking  of  the  Arabia  has  just 
been  received : 

"Foreign  Oflice,  Berlin,  December  4,  1916. 

"The  undersigned  has  the  honor  to  inform  Mr.  Orew,  Charge 
d 'Affaires  of  the  United  States  of  America,  in  reply  to  the  note  of  the 
2l8t  ultimo,  Foreign  Office  number  14401,  that  the  investigation  con- 
ducted  by  the  German  Government  concerning  the  siiUcing  of  the 
British  steamer  Arabia  has  led  to  the  following  results: 

"On  the  morning  of  November  6  a  German  submarine  encountered 
a  large  steamer  coming  from  the  Cerigo  Straits,  one  hundred  nautical 
miles  west  of  the  Island  of  Cerigo;  the  steamer  was  painted  black 
and  had  black  superstructures  and  not,  as  is  otherwise  the  case  with 
the  P  and  O  Line  superstructures,  a  liRht  color;  the  steamer,  which 
was  identical  with  the  Arabia,  was  not  traveling  on  the  route  regularly 
used  by  the  passenger  steamers  between  Port  Said  and  Malta,  as  is 
made  plain  on  the  inclosed  map,'  but  was  taking  a  zigzag  course 
towards  the  west  one  hundred  twenty  nautical  miles  north  of  that 
route;  this  course,  on  which  the  submarine  had  passed  three  similar 
steamers  at  the  same  spot  on  the  same  morning,  leads  from  the  Aegean 
to  Malta,  so  that  the  Arabia  was  moving  on  the  transport  route 
Cerigo-Malta  used  solely  for  war  purposes,  according  to  the  experi- 
ences until  now.  The  commander  of  the  submarine  further  ascer- 
tained that  there  were  large  batches  of  Chinese  and  other  colored 
persons  in  their  national  costumes  on  board  the  steamer;  he  consid- 
ered them  to  be  workmen  soldiers,  such  as  are  used  in  great  numbers 
behind  the  front  by  the  enemies  of  Germany;  in  spite  of  the  clear 
weather  and  careful  observation  he  did  not  perceive  any  women  and 
children. 

"In  these  circumstances  the  commander  of  the  submarine  was 
convinced  that  in  the  case  of  this  steamer  he  was  concerned  with  a 
trMisport  ship  for  troops  in  the  service  of  the  British  Government, 
which  is  to  be  considered  as  an  auxiliary  warship  according  to  inter- 
national law,  and  can  therefore  be  treated  like  a  warship.  He  ac- 
cordingly considered  himself  justified  in  attacking  the  steamer  without 
delay  and  sank  it. 

"Should  the  American  Government  give  the  official  data  showing 
that  the  Arabia  was  at  the  time  of  the  torpedoing  an  ordinary  pas- 
senger steamer,  the  action  of  the  Commander  would  not  have  been  in 
accordance  with  the  instructions  Riven  him,  since  these  instructions 
are  now  as  before  in  agreement  with  the  as.surances  of  the  Gorman 
note  of  31ay,  nineteen  sixteen.  This  would  then  be  a  case  of  a  regret- 
*  Not  printed. 


•P.  ■ 


'  '*i'*  I 


i  \ 


m 


M6        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

table  mistake,  from  which  the  German  Government  would  promptly 
draw  the  appropriate  consequences. 

"The  undersigned  requests  the  Charge  d 'Affaires  to  bring  the 
above  to  the  knowledge  of  the  American  Government,  and  avails  him- 
self. 

"(Signed)  Zimmermann." 

Grew. 


Hi 


i 


Charge  Grew  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 
Berlin,  Dccemher  8,  1916. 
The  following  note  with  regard  to  the  sinking  of  the  Scbek  has 
just  been  received : 

"Foreign  Office,  Berlin,  December  6,  1916.  The  undersigned  has 
tlie  ;  onor  to  reply  as  follows  to  the  note  of  Mr.  Grew,  Charge  d'Af- 
faires  of  the  United  States  of  America,  dated  the  twenty-first  ultimo. 
Foreign  Office  No.  14221,  relative  to  the  sinking  of  the  British  vessel 
Sebek  by  a  German  submarine. 

"According  to  the  investigations  of  the  German  Naval  authorities 
a  German  submarine  attacked  without  warning  and  sank  on  October 
twelfth  last,  close  to  the  war-port  of  La  Valeta,  Malta,  a  ship  which 
was  under  way  with  lights  smothered  and  without  position  lanterns, 
and  which  therefore  had  to  be  considered  as  a  warship  by  the  German 
commander. 

"A  completely  darkened  ship  which  contrary  to  the  internationcl 
provisions  relative  to  the  carrying  of  lights  at  sea  displays  no  streamer 
( T)  and  a  position  of  lights  thereby  characterizes  itself  as  a  warship, 
m  the  war  area  at  any  rate  or  still  more  in  the  neighborhood  of  a 
war-port  as  in  the  present  case.  Should  then  the  darkened  ship  sunk 
off  Malta  actually  have  been  identical  with  ihe  British  steamer  Sehek 
the  blame  for  jeopardizing  lives  of  the  Americans  hired  on  the  Scbek 
attached  solely  to  the  captain  who,  in  order  to  evade  measures  of 
prize  by  the  German  cruisers  recognized  by  international  laws,  took 
upon  himself  the  danger  involved  in  neglecting,  contrary  to  inter- 
natjnnal  law  the  international  provisions  relative  to  the  carrying  of 
lights. 

"The  undersigned  '^quests  that  the  above  be  communicated  to  the 
American  Government  and  avails  himself  of  the  opportunity  to  the 
Charge  d 'Affaires,  et  cetera.  (Signed)  Zimmermann." 

Grew. 


THE  UNITED  STATES  AND  GERMANY  107 

The  Secretary  of  State  to  Charge  Grew. 

[Telegram — Paraphrase.] 

Department  of  State, 
Washington,  December  9,  1916. 
Mr.  Lansing  informs  Mr.  Grow  that  the  Department  is  advised  that 
the  British  steamship  Barbara,  which  had  Americans  on  board,  waa 
sunk  in  the  British  Channel  by  a  German  submarine  on  October  20. 
The  ship  was  laden  with  coal  and  bound  to  Hartlepool  from  Phila- 
delphia. 

Mr.  Grew  is  instructed  to  make  request  of  the  Foreign  Minister 
for  a  prompt  investigation  and  report. 


The  Secretary  of  State  to  Charge  Grew. 

[  Telegram — Paraphrase.  ] 

Department  of  State, 
Washington,  December  9,  1916. 
Mr.  Lansing  informs  Mr.  Grew  that  the  Department  is  advised  that 
the  Norwegian  steamer  Trippel  bound  from  Baltimore  to  Genoa,  which 
had  aboard  American  citizens,  was  sunk  on  November  11  by  a  Ger- 
man submarine  18  miles  off  Vii-arico. 

Mr.  Grew  is  instructed  to  bring  this  case  to  the  attention  of  the 
Foreign  Minister  and  request  a  prompt  investigation  and  report. 


1:, 
ft 


II 


The  Secretary  of  State  to  Charge  Grew. 

[  Telegram — Paraphrase.  ] 

Department  of  Stat., 
Washington,  December  9,  1916. 

Mr.  Lansing  informs  Mr.  Grew  that  the  Department  is  advised  that 
the  Norwegian  ship  Lokken,  which  had  American  citizens  aboard,  was 
sunk  by  a  submarine  whose  nationality  is  unknown,  by  gunfire  while 
en  route  to  Phillipville,  near  Algiers,  from  Cardiff,  with  a  cargo  of 
coal,  in  the  middle  of  the  Bay  of  Biscay,  about  180  miles  from  shore 
on  November  11. 

Mr.  Grew  is  directed  to  bring  this  case  to  the  attention  of  the 
Foreign  Minister,  and  request  a  prompt  investigation  and  report. 


108        DIPLOMATIC  COBBESPONDBNCE  BETWEEN 

The  Sscrttary  of  SM»  to  Ckargi  Grew. 

[Tdegram— Paraphrase.] 

Department  op*  State, 

w.  T  «-»•  *  «     «         Washington,  December  9,  1916. 

„  J;.**^"»V'^?™s  Mr.  Grew  that  the  Department  has  been  ad- 

vwed  that  the  BrUish  steamer  rrevorricifc,  which  had  Americana  on 

board,  was  sunk  90  miles  off  Ouessant  Point,  on  November  16.  bv  a 

A 'iJ^S)  hS"'°^'    '^^'^  ^^^  *"  *^*"  ^^*°*  ^^^  ^'^  ^"^^^ 

Mr.  Grew  is  instructed  to  request  of  the  Foreign  Minister  a  promnt 
investigation  and  report.  v*»>ui>i. 


I  I   - 


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Charge  Grew  to  the  Secretary  of  State. 
[Telegram.] 

American  Embassy, 
rm.    *  11      •  .       ,    .  Berlin,  December  11,  1916. 

The  following  note  relative  to  the  sinking  of  the  Lanoo  has  just 
been  received: 

"Fo'-eign  Office.  Berlin,  December  9,  1916. 

"The  undersigned  has  the  honor  to  reply  as  follows  to  the  note  of 
Mr.  Grew  Charge  d 'Affaires  of  the  United  States  of  America,  dated 
the  2l8t  ultimo:  Foreign  Office  Number  14420.  Relative  to  the  sink- 
ing of  the  steamer  Lanao  by  a  German  submarine. 

"On  October  28th  last  a  German  submarine  encountered  the 
steamer  Lanao  on  the  way  to  Le  Havre  and  captured  it  as  a  prize  be- 
cause It  was  carrj'ing  contraband  to  the  enemy.  Since  the  submarine 
was  unable  to  conduct  the  Lanao  into  a  German  or  Allied  port  with- 
out exposing  Itself  to  the  danger  of  sinking,  it  sank  the  steamer  after 
It  had  taken  the  crew  on  board.  The  crew  was  then  sent  on  board  the 
Norwegian  steamer  Tromp,  which  was  just  at  the  time  in  sight. 

The  steamer  Lanao  belonged  originally  to  the  Lindlay  Millar 
bteamship  Company,  of  Manila ;  it  was,  however,  sold  in  July,  1916  to 
the  shipping  firm  of  Hannevig  Brothers,  of  London,  and  sailed  since 
under  the  English  flag.  The  owners  of  the  firm  of  Hannevig  Brothers 
are  the  sons  of  the  shipowner  Christian  Hannevig.  of  Borre,  Norway 
and  are,  like  him.  Norwegian  subjects.  ' 

"The  undersigned  request  Mr.  Grew,  the  Charge  d 'Affaires,  to 
communicate  the  above  to  the  Government  of  the  United  States,  and 
avails  himself,  etc.,  Zimmermann.  ' ' 

Gbxw. 


THE  UNITED  STATES  AND  GERMANT  109 

The  Secretary  of  State  to  Charge  Orew. 

[Telegram.] 

Department  op  State, 
Washington,  December  12,  1916. 

Mr.  Lansing  states  that  the  United  States  Government  has  made 
inquiry  of  the  Government  of  Great  Britain  concerning  the  status  of 
the  vessel  Marina  and  Lord  Grey  states  in  reply  as  to  whether  the 
Marina  was  in  the  British  Government's  service  at  the  time  of  her 
sinking  that  the  Marina  was  neither  chartered  nor  requisitioned  by 
the  Government  of  Great  Britain.  She  was  on  the  service  of  her  own- 
ers, running  on  her  ordinary  berth,  and  entirely  under  her  owners' 
orders  and  control.  The  Marina,  on  her  voyages  from  America,  carried 
for  the  Government  of  Great  Britain  a  number  of  animals  at  a  fixed 
rate  per  head.  These  animals  were  carried  entirely  at  the  risk  and 
responsibility  of  the  shipowners,  the  only  difference  between  these 
animals  and  any  other  cargo  carried  being  the  fact  that  they  were 
consigned  to  the  British  Government. 

Mr.  Grew  is  directed  to  bring  the  foregoing  to  the  immediate  atten- 
tention  of  the  Minister  of  Foreign  Affairs  and  he  is  informed  that 
further  inquiries  have  been  made  as  to  whether  the  Marina  was  ever 
in  the  service  of  the  British  Government  and,  if  so,  when  and  whether 
it  was  customary  for  the  Marina  in  the  past  to  be  in  the  British  Gov- 
emment's  service  on  voyages  from  the  United  States  and  in  her 
owners'  service  on  returning  voyages.  When  replies  to  these  inquiries 
are  received  they  will  be  transmitted  to  Mr.  Grew. 


Charge  Orew  to  the  Secretary  of  State. 

American  Embabst, 
Berlin,  December  18,  1916. 
SiK :  In  order  to  complete  the  files  of  the  Department,  I  have  the 
honor  to  transmit  herewith  a  copy  and  translation  of  the  note  from  the 
Foreign  Office,  No.  A.  33392,  of  December  16,  1916,  relative  to  the 
sinking  of  the  American  steamer  Columbian,  the  text  of  which  was 
telegraphed  to  the  Department  to-day  in  my  No.  4744. 

I  have,  etc.,  J.  c.  Grew. 


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110        DIPLOMATIC  CORRESPONDENCE  BETWEEN 
[Inclorore— Traiulation.] 
The  Otrman  Minister  for  Foreign  Affaire  to  CTiargS  Grew. 

FOREION  OmcE, 
Berlin,  16  December,  1916. 
The  underiigned  has  the  honor  to  make  the  following  reply  to  the 
note  of  Mr.  Grew,  Charge  d 'Affaires  of  the  United  State*  of  America 
dated  the  21rt  ultimo  (P.  0.  No.  14402)  relative  to  the  sinking  of  the 
American  steamer  Columbian  by  a  German  submarine. 

According  to  the  investigations  of  the  German  naval  authoritiea 
the  Columbian  was  stopped  by  a  German  sobmarine  at  2.30  o'clock  on 
the  afternoon  of  November  7th,  1916,  in  44  degrees  latitude  north  and 
8  degrees  44  minutes  longitude  west.  The  weather  was  clear  for  3 
nautical  miles,  but  wind  and  sea  were  rather  heavy.  After  the  warn- 
ing shot  the  flag  signal ' '  Send  your  papers  on  board ' '  was  given.  The 
Columbian  then  hoisted  the  signal  "I  cannot  make  out  your  flag." 
This  answer  seemed  proper,  since  as  a  result  of  the  position  of  the  two 
vessels  in  relation  to  each  other  and  of  the  direction  of  the  wind  the 
flags  blew  out  towards  the  steamer.  The  submarine  then  approached 
closer  under  water,  looked  over  the  steamer,  which  had  been  stopped, 
more  carefully  through  the  periscope  and  then  came  to  the  surface 
dose  to  her.  It  was  ascertained  while  the  submarine  was  traveling 
submerged  that  the  steamer  carried  the  American  flag  and  markings 
and  bore  the  name  Columbian,  New  York;  and  also  that  she  had  wire- 
less telegraphy  apparatus.  According  to  her  course  the  steamer  came 
from  an  English  or  a  French  port  and,  to  judge  from  the  empty 
wooden  superstructures  on  her  deck,  appeared  to  have  delivered  there 
horses,  i.  e.,  absolute  contraband.  On  account  of  the  difliculty  of  hav- 
ing a  boat  sent  across  in  such  a  sea  the  commander  of  the  submarine 
dispensed  with  the  examination  of  the  papers,  signaled  to  the  steamer 
You  are  released"  and  left  her  traveling  on  the  surface  The 
steamer  resumed  her  old  course. 

Soon  afterwards  it  was  reported  to  the  commander  of  the  sub- 
marine  from  his  wireless  station  that  since  emerging  wireless  mes- 
sages of  the  American  steamer  had  been  intercepted  containing  in 
open  English,  in  addition  to  the  distress  signal  S.  O.  S.,  reports  con- 
cerning the  submarine,  such  as  "Submarine  cruising  around  us"  and 
the  position  of  the  submarine  at  the  time, ' '  Position  so  and  so. ' '  These 
wireless  messages  caused  the  commander  to  turn  about  and  stop  the 
steamer  a  second  time.  Notwithstanding  the  sea  and  the  wind  had  be- 
come still  heavier,  he  succeeded  in  overhauling  the  Columbian,  which 
was  making  oflf,  and  :Vrcing  her  by  means  of  signals  to  follow  the  sub- 
marine and  to  use  her  wireless  apparatus  at  a  lower  intensity  only  and 
solely  for  communication  with  the  submarine. 

The  submarine  then  traveled  during  the  night  in  a  westward  direc- 
tion with  the  Columbuin  and  the  Norwegian  steamer  Balto,  which  had 
been  stopped  previously  and  furnished  with  a  prize  crew,  and  ex- 


B: 


THE  UNITED  STATES  AND  GERMANY 


111 


amined  the  ship's  papers  of  the  Columbian  the  next  morning,  the 
weather  being  better.  After  the  examination  the  commaader  decided 
to  sink  the  ship  for  unneutral  service.  The  crew  was  taken  over  in  its 
own  boats  to  the  steamer  Balto  and  later  put  on  board  the  Norwegian 
steamer  Varingen,  together  with  the  crew  of  the  Balto.  Tue  Varingen 
received  orders  to  take  all  the  crews  into  the  Spanish  port  of  Cama- 
rinas,  and  executed  these  orders.  The  commander  of  the  submarine 
kept  the  captain  of  the  Columbian  with  him  on  board  for  the  time 
being,  but  sent  him  ashore  on  November  10th,  in  the  Bay  of  Camarinaa. 

According  to  the  ascertainment  of  the  facts  as  given  above,  the 
action  of  the  commander  of  the  submarine  appears  completely  justi- 
fied. For,  by  means  of  her  wireless  reports  as  to  the  position  of  the 
submarine,  which  were  plainly  intended  to  attract  enemy  naval  forces, 
the  Columbian  had  voluntarily  placed  herself  in  the  service  of  the 
submarine-defense  forces  of  the  enemy  and  had.  in  so  doing,  taken 
direct  part  in  hostilities.  Such  an  act  was  bound  to  clothe  the  vessel 
with  the  character  of  an  enemy  merchantman,  pursuant  to  the  prin- 
ciples of  international  law  (See  also  article  46,  paragraph  1,  number 
1,  of  the  Declaration  of  London),  so  that  she  could  be  captured  and 
sunk  as  such  a  vessel.  The  sinking  itself  took  place  after  the  ship's 
papers  had  been  secured  and  the  human  lives  saved. 

For  the  rest,  if  the  Government  of  the  United  States  asserts  in  its 
instructions  to  the  Embassy  at  Berlin  that  the  Columbian  was  travel- 
ing in  ballast,  it  is  plainly  incorrectly  informed.  The  report  of  Cap- 
tain Curtis,  in  the  London  Times  of  November  15th,  states  that  the 
vessel  had  a  cargo  of  9,000  tons  when  she  encountered  the  submarine. 

The  German  commander  then  ascertained,  upon  examining  the 
ship's  papers,  that  the  Columbian  was  carrying  4,900  tons  of  steel 
plates  and  in  addition  a  small  cargo  of  other  goods,  including  copper, 
potash,  soda,  motor-cycles,  and  parts  of  machines.  According  to  the 
captain's  version,  the  steel  plates  consisted  of  steel  for  shells,  were 
therefore  intermediate  products  for  the  manufacture  of  shells,  and 
thus  absolute  contraband,  pursuant  to  Article  21,  number  2.  of  the 
German  prize  ordinance;  the  cargo  of  copper  was  likewise  absolute 
contraband,  pursuant  to  Article  21,  number  38,  of  the  prize  ordinance. 
Since  the  ship  was  bound  to  Genoa,  well  known  to  be  an  Italian  naval 
and  military  fortress,  and  a  basis  of  operations  and  supplies  for  the 
Italian  land  and  naval  forces,  there  was  a  legd  presumption  of  hos- 
tile destination  attaching  to  that  part  of  the  cargo  also  which,  like 
the  motor-cycles,  belonged  only  to  conditional  contraband. 

The  report  of  the  commander  of  the  submarine  on  the  sinking  of 
the  Columbian  has  been  transmitted  to  the  competent  Imperial  Prize 
Court  at  Hamburg,  which  will  decide  on  the  legality  of  the  measures 
of  the  commander.  Thus  it  would  appear  that  the  American  parties 
interested  in  ship  and  cargo  should  be  advised  to  advance  the  rights 
to  which  they  lay  claim  before  this  Prize  Court  within  the  time  limits 
and  in  the  form  prescribed  by  the  German  Code  of  Prize  Procedure. 

The  Undersigned  requests  Mr.  Grew,  Charge  d'Afifaires  of  the 
United  States  of  America,  to  inform  the  Government  of  the  United 


fi 


112        DIPLOMATIC  C0BBE8P0NDENCE  BETWEEN 

States  of  the  above,  and  aTtila  himwlf  of  the  oecaaion  to  renew  to  him 
the  aararanee  of  hia  moat  distinguiahed  conaideration. 


f   s    * 


The  Secretary  of  State  to  Chargi  Orew. 

[Telegram— Paraphraae.] 

Depabtuknt  of  Statx, 
Waihington,  December  20,  1916. 

Mr.  Grew  is  informed  that  in  farther  respoue  to  the  inquiries  of 
the  United  States  Oovemment  coneeminR  the  sUtna  of  the  veaael 
Marina  the  British  Minister  for  Foreign  Affair*  itatea  that  the  British 
Government  were  in  no  way  interested  in  the  voyage  of  the  IfartM 
at  the  time  she  was  attacked.  However,  the  Marina  on  her  return 
voyage  would  have  brought  a  deck  load  of  horaea  for  the  British  Gov- 
ernment, but  these  would  have  made  but  a  amall  part  of  her  cargo. 
On  each  voyage  from  the  United  States  to  Great  Britain  from  October, 
1916,  to  the  last  voyage  from  the  United  States  before  her  sinking  the 
Marina  was  utiliaed  for  this  purpose.  The  British  Government  did 
not  employ  her  at  any  time  in  any  other  manner.  In  addition  it  ia 
atated  that  the  Marina  was  at  no  time  in  the  British  Government's 
service  in  any  sense  in  which  the  vessel  was  not  in  the  service  of  any 
other  regular  shippers  of  cargoes  carried  by  her. 

An  explanation  of  precise  method  of  employment  is  contained  in 
Viscount  Grey's  note  of  December  sixth  to  Ambassador  Page,  of  which 
you  were  informed  in  Department's  telegram  of  December  twelfth. 

Mr.  Grew  is  directed  to  bring  the  foregoing  to  the  attention  of 
the  German  Government  immediately. 


Consul  Washington  to  the  Secretary  of  State. 
[Telegram.] 

AifSRiCAN  CoNSin^TX, 
.     ,  ,  Liverpool,  December  22,  1916. 

Captam  John  Tramor,  of  Eighty-throe  Federal  Street.  Portland, 
Maine.  Master  American  five  masted  Schooner  Rebecca  Palmer,  of 
New  York,  affirms  he  left  Savannah,  Georgia,  November  ninth ;  that  at 
fonr-twenty  afternoon  of  December  fourteenth,  when  seventy  miles 
wefct  southwest  Fastnet,  making  about  two  knots  an  hour  in  a  heavy 
sea,  Captam  observed  what  appeared  like  a  boat  sail  about  four  miles 
to  the  north  on  his  oeam ;  this  proved  to  be  a  submarine,  as  a  shot  was 
fired  at  the  ship.  Captain  ordered  mate  to  go  below  for  flag  and  at 
once  hove  to  his  vessel.  Another  shot  followed  in  about  two  minutes. 
Whea  mate  was  oelow  one  of  these  shots,  the  captain  is  uncertain 
which,  struck  bow,  doing  about  two  hundred  dollars  damage.    The 


^>; 


THE  UNITED  STATES  AND  GERMANY 


113 


veiMl  at  this  time  showed  no  flaff.  There  waa  an  American  flag 
pain^f'd  forward  of  amidxhips  on  each  aide,  about  eight  by  twelve  feet. 
Thia  could  not  have  been  leen  at  that  diatance  by  aubmarine  in  cap- 
tain'a  opinion.  The  flag  waa  then  hoisted,  and  in  about  half  an  hour 
the  submarine  came  within  two  hundred  yards  and,  aa  it  waa  dark, 
aignaled  with  &Iorsc  lightx  to  send  boat.  Captain  had  previously  made 
out  Oerman  colors  on  submarine.  Captain  lowered  motor  launch,  but 
aubmarine  had  then  diMppeared.  Captain  proceeded  toward  mo^'^r 
launch  which  was  thereby  loMt,  owing  to  heavy  weather;  vessel  in 
stream.    Hope  affidavits  mate  and  helmsman  to-morrow. 

Wabhinoton. 


Ambtttsador  Oerard  to  the  Secretary  of  State. 

[Telegram.] 

American  Embabbt, 
Berlin,  December  27,  1916. 
The  following  note  relative  to  the  sinking  of  the  Norwegian  ahip 
Delto  has  just  been  received : 

"Foreign  Office,  Berlin,  December  twenty-fifth,  nineteen  sixteen. 
The  undersigned  has  the  honor  to  inform  His  Excellency,  Mr.  Oerard, 
Ambassador  of  the  United  Statea  of  America,  in  reply  to  the  note  of 
Mr.  J.  C.  Grew,  dated  the  twenty-first  ultimo,  Foreign  Office  mmber 
fourteen  forty-two,  relative  to  the  sinking  of  the  Norwegian  ship 
Delto  by  a  German  submarine  aa  follows : 

"According  to  the  investigations  of  the  Oerman  Naval  authoritiea 
the  Norwegian  ship  Delto  not  Delta,  which  was  chartered  by  the 
Italian  Government  to  carry  coal,  waa  stopped  on  October  thirteenth 
last  about  forty  nautical  miles  southeast  of  Cape  Palos  and  sunk  by 
artillery  fire  on  account  of  unneutral  service  to  the  enemy  (T).  also 
Article  forty-six,  paragraph  one,  number  three  of  the  Declaration  of 
London,  after  the  German  commander  had  taken  the  ship 's  papers  on 
board  and  caused  the  crew  to  enter  the  lifeboats.  The  crew  was  given 
half  an  hour  *.o  leave  the  ship ;  the  weather  was  good  and  very  clear, 
the  wind  was  very  light.  The  boats  had  a  comparatively  short  way 
to  go  to  reach  the  Spanish  coast,  so  that  there  was  full  security  for 
saving  the  crew. 

"The  presumption  expressed  by  the  American  Government  that 
the  lives  of  American  citizens  on  board  the  Del^'>  were  jeopardized  is 
therefore  not  correct. 

"The  under  ligned  requests  that  the  above  [bef]  communicated  to 
the  American  Government  and  avails  himself  of  the  (•••)'  to  renew 
to  the  Ambassador  the  assurance  of  his  most  distinguished  consid- 
eration. 

"(Signed)  ZiHif  eruann.  " 

Gekard. 

'  Apparent  omiMioa. 


fi' 

^.1 


i! 


t 


1 


114        DIPLOMATIC  CORRESPONDENCE  BETWEEN 


Ambauador  0$rard  to  th$  Stcrttary  of  Statt. 


i 


?i 


!'^ 


[Telecram.] 


AunicAN  Eir.-.jtT, 
Berlin,  January  11,  1917. 
•inking  of  th*  Norwegian 


The  following  note  relative  to  the 
■teamer  Tripptl  hai  juit  been  received : 

"Foreign  OfBee,  Berlin,  January  11,  1917. 

"The  underaiped  haa  the  honor  to  inform  Hia  Excellency,  Mr. 
Jamea  W.  Gerard,  Antbaaaador  of  the  United  Statea  of  America,  in 
reply  to  the  note  of  Mr.  J.  C.  Orew,  dated  the  twelfth  ultimo,  Foreign 
Office  Number  fourteen  eightjyr-four  nine,  relative  to  the  ainking  of  the 
Norwegian  ateamer  Trippel  by  a  German  submarine,  aa  follows: 

' '  According  to  the  investigation  of  the  German  naval  authoritiea 
the  Norwegian  steamer  Trippel  was  stopp  d  by  a  German  submarine 
on  November  10,  191$,  and  captured  after  it  waa  aacertained  that  her 
cargo  consisted  of  steel  and  iron  for  the  Italian  war  command  with 
Genoa  aa  the  port  of  destination.  Since  it  waa  impossible  under  the 
given  circumstances  to  bring  the  steamer  into  a  German  port  she  waa 
sunk.  Crew  had  first  been  given  sufficient  time  to  leave  the  steamer ; 
the  weather  was  very  fine,  the  Spanish  coast  scarcely  ten  miles  distant 
so  that  there  was  full  security  for  the  rescuing  of  the  craft. 

"The  undersigned  requests  that  the  above  may  be  communicated  to 
the  American  Government  and  avails  himself  of  the  opportunity  to 
renew,  etc.    (Signed)  Minister  for  Foreign  Affairs." 

Gebaro. 


;i 


Amh  issador  Oerard  to  the  Secretary  of  State. 

[Telegram.] 

American  Embabst, 
Berlin,  January  12,  1917. 
The  following  note  relative  to  the  sinking  of  the  Norwegian 
steamer  Lokken  has  just  been  received : 

"Foreign  Office, 
"Berlin,  January  eleven,  1917. 

"Till'  undersigned  has  the  honor  to  inform  His  Excellency,  Mr. 
James  W.  Gerard,  Ambassador  of  the  United  States  of  America,  in 
reply  to  the  note  of  Mr.  J.  C.  Grew,  dated  December  11  last,  Foreign 
Offiee  No.  14831,  on  the  subject  of  the  sinking  of  the  Norwegian 
steamer  Lokken  by  a  submarine  of  unknown  nationality  as  follows: 

"The  investigation  conducted  by  the  German  naval  authorities  has 
shown  that  the  Lokken  was  stopped  by  a  German  submarine  on  No- 
vember 11,  1916.  The  steamer  had  absolute  contraband  on  board — 
namely,  coal  for  tiie  Algerian  State  railways.  She  was  therefore  cap- 
tured and  sunk,  since  it  v;as  not  feasible  under  the  given  circui.17 


m  ■ 


THE  UNITED  STATES  AND  OESMANT 


115 


■tencM  to  take  her  into  a  Oennan  port.  Care  waa  Uken  for  the  rewoe 
of  the  crew  by  the  aubmarine  takins  the  two  boata  in  tow  and  con- 
dueting  them  to  a  iteamcr,  which  toM  the  men  on  board. 

"The  andenigned  reqaeata  that  the  above  may  be  conunonicatad 
to  the  American  Oovernment.  and  availa  himaelf  of  the  opportnnity  to 
renew  to  the  Ambawador  the  aaaarancea  of  hia  moat  din'  jiahed 
conaideration.  Zimm  nitANN. " 

OnuiD. 


Ambastador  Otrard  to  the  Secretary  of  State. 
[Telegram.] 

AM£RICAN  Embasbt, 
Berlin,  January  15,  1917. 
Tl<    f .''     '"  -  r)-,     ..     /e  to  the  sinking  of  the  Engliih  ateamer 
Barh-    ij.ts  j.i.st  'iM.i  n         d: 


M-.l. 


'\ 


fol' 


y  to   ; 

Ai  I'Oi 
the  Btea-M 
of  warn.: 
Wight ;  tht 


N' 


,  'It.- 

i   h.m 

u    "ir.  ; 

Vlr 


luary  14,  1917. 

honor  to  inform  His  Excellency  Mr. 
-r  of  the  United  States  of  America,  in 
C.  Grew  dated  Dectmber  eleven  laat, 
the  ainking  of  the  steamer  Barbara  aa 


•atigat'ona  of  the  German  naval  authorities 
opped  by  a  German  submarine  with  a  ahot 
'ttob^  r  2  J,  1916,  a  few  miles  south  of  the  Isle  of 
I  ho  iiuuicdiately  entered  the  boats.  After  the  com- 
mander had  convinced  himself  that  the  crew  had  been  taken  on  board 
of  the  Spanish  steamer  Victor  Chavarri  and  was  thus  in  a  place  of 
safety  he  sank  the  vessel. 

"The  undersigned  requests  that  the  above  may  be  communicated 
to  the  American  Government  and  avails  himself,  ct  cetera. 

"(Signed)  Zimmc:rm.\nn." 

Qebakd. 


Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram.] 

Amcpican  Embasst, 
Berlin.  January  29,  1917. 
Following  note  received  from  the  Foreign  Office : 

"Foreign  Oftice 
Berlin,  January  26,  1917. 
"The  undersigned  has  the  honor  to  inform  His  Excellency,  Mr. 
James  W.  Gerard,  Ambassador  of  the  United  States  of  America,  in 


i 


116        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

reply  to  the  note  of  Mr.  J.  C.  Grew,  dated  December  eleven,  1916, 
Foreign  Offiee  number  14829,  relative  to  the  linking  of  the  British 
steamer  Trevarriea  by  a  German  aubmarine,  as  follows: 

"Aeeording  to  the  facts  as  ascertained  by  the  German  naval  an- 
thorities,  the  British  steamer  Trevarraca,  not  'Trevarriea,'  was 
stopped  by  a  German  aubmarine  on  the  morr  ag  of  November  sixteen, 
1916 ;  the  crew  left  the  steamer  without  further  delay  when  the  signal 
to  stop  was  given  and  sailed  away  from  the  steamer  in  their  boats. 
The  vessel  was  then  sunk  as  an  enemy  vessel  after  it  had  been  searched. 

"The  undersigned  requests  that  the  above  may  be  brought  to  the 
cognizance  of  the  American  Government,  and  avails  himself,  et  cetera. 

"(Signed)  Stumm." 

Gebabo. 


Part  V. 
ARMED  MERCHANT  VESSELS. 


li ' ' 


The  Acting  Secretary  of  State  to  the  Oerman  Amhassador.^ 

Department  of  State, 
Washington,  September  19,  1914. 
Dear  Mr.  Ambassador: 

I  am  inclosing  for  your  information  two  memoranda,  which  the 
Department  has  issued  to-day  and  which  define  the  general  rules  which 
this  Government  will  follow  in  dealing  with  cases  involving  the  status 
of  armed  merchant  vessels  visiting  American  ports,  and  with  cases  of 
merchant  vessels  suspt^cted  of  carrying  supplies  to  belligerent  war- 
ships from  American  ports. 

I  am,  etc.,  Robert  Lansino. 


[Inclosure  1.] 

THE  status  of  ARMED  MERCHANT  VESSELS. 

A.  A  merchant  vessel  of  belligerent  nationality  may  carry  an 
armament  and  ammunition  for  the  sole  purpose  of  defense  without 
acquiring  the  character  of  a  ship  of  war. 

B.  The  presence  of  an  armament  and  ammunition  on  board  a  mer- 
chant vessel  creates  a  presumption  that  the  armament  is  for  offen- 

'  Sune  to  the  BritUh,  French,  and  Japsnete  AmbaMsdors  in  Washington, 
and  the  Belgian  Miniiter. 


2. 
3. 
4. 
5. 


THE  UNITED  STATES  AND  OERMANT  117 

sive  parpoflcs,  but  the  owners  or  agents  may  overemne  this  presump- 
tion by  evidence  showing  that  the  vessel  carries  armament  solely  for 
defense. 

C.  Evidence  necessary  to  establish  the  fact  that  the  armament  u 
■olely  for  defense  and  will  not  be  used  oflfeusively,  whether  the  arma- 
ment be  mounted  or  stowed  below,  must  be  presented  in  each  caae 
independently  at  an  official  investigation.  The  result  of  the  investiga- 
tion must  show  conclusively  that  the  armament  is  not  intended  for, 
•nd  will  not  be  used  in,  offensive  operations. 

Indications  that  the  armament  will  not  be  used  offensively  are: 
1.   That  the  caliber  of  the  guns  carried  does  not  exceed  six  inches. 

That  the  guns  and  small  arms  carried  are  few  in  number. 

That  no  guns  are  mounted  on  the  forward  part  of  the  vessel. 

That  the  quantity  of  ammunition  carried  is  small. 

That  the  vessel  is  manned  by  its  usual  crew,  and  the  officers 
are  the  same  as  those  on  board  before  war  was  declared. 

6.  That  the  vessel  intends  to  and  actually  does  clear  for  a  port 
lying  in  its  usual  trade  route,  or  a  port  indicating  its  purpose  to 
continue  in  the  same  trade  in  which  it  was  engaged  before  war  was 
declared. 

7.  That  the  vessel  takes  on  board  fuel  and  supplies  sufficient  only 
to  carry  it  to  its  port  of  destination,  or  the  same  quantity  substan- 
tially which  it  has  been  accustomed  to  take  for  a  voyage  before  war 
was  declared. 

8.  That  the  cargo  of  the  vessel  consists  of  articles  of  commerce 
unsuited  for  the  use  of  a  ship  of  war  in  operations  against  an  enemy. 

9.  That  the  vessel  carries  passengers  who  are  as  a  whole  unfitted 
to  enter  the  military  or  naval  service  of  the  belligerent  whose  flag  the 
vessel  flies,  or  of  any  of  its  allies,  and  particularly  if  the  passenger 
list  includes  women  and  children. 

10.  That  the  speed  of  the  ship  i'.  slow. 

D.  Port  authorities,  on  the  arrival  in  a  port  of  the  United  States 
of  an  armed  vessel  of  belligerent  nationality,  claiming  to  be  a  mer- 
chant vessel,  should  immediately  investigate'  and  report  to  Washing- 
ton on  the  foregoing  indications  as  to  the  intended  use  of  the  arma- 
ment, in  order  that  it  'lay  be  determined  whether  the  evidence  is 
sufficient  to  remove  the  presumption  that  the  vessel  is,  and  should  be 
treated  as,  a  ship  of  war.  Clearance  will  not  be  granted  until  author- 
ized from  Washington,  and  the  master  will  be  so  informed  upon 
arrival. 

E.  The  conversion  of  a  merchant  vessel  into  a  ship  of  war  is  a 
question  of  fact  which  is  to  l)e  established  by  direct  or  circumstau- 
tisl  evidence  of  intention  to  use  the  vessel  as  a  ship  of  war. 

Department  of  State, 
September  19,  1914. 

[Inclosurc  2 '] 
'  Inclofure  No.  2  printed  under  section  "  Supplies  for  Belligerent  Veweli," 


^ 


n 


•  * 


-ftj 


b   ■ 


I        I 


w 


118        DIPLOMATIC  CORRESPONDENCE  BETWEEN 
The  Secretary  of  State  to  Amioasador  Gerard. 

DSPARTMBNT  OF  StATE, 

Wa^ington,  September  2&,  1914. 
S«:  I  transmit  herewith,  for  the  informatitm  of  the  Qerman  Gov- 
ernment, copies  of  two  memoranda  •  imoed  by  this  Department  which 
define  the  general  rules  which  the  Government  of  the  United  States 
will  follow  in  dealing  with  cases  involving  the  status  of  armed  mer- 
chant vessels  visiting  American  ports,  and  with  cases  of  merchant 
vessels  suspected  of  carrying  supplies  to  belligerent  warships  from 
American  ports. 

Copies  of  these  memoranda  were  also  sent  to  the  German  Ambassa- 
dor here,  and  it  is  at  his  request  that  the  copies  herewith  are  sent  for 
communication  to  his  Government. 

I  am,  etc.,  For  the  Secretary  of  State, 

Robert  Lansing. 


'  ; 


It 


iri 


!' 


Ambassador  Gerard  to  the  Secretary  of  State. 
[  Telegram— Paraphrase.  ] 

American  Ehbasst, 
Berlin,  October  15,  1914,  7  p.  m. 
Mr.  Gerard  transmits  the  following  memorandum  which  he  says 
he  has  received  from  the  German  Foreign  Office : 

An  official  notice  appearing  in  the  Westminster  Gazette  of  Sep- 
tember 21,  1914,  states  that  the  Department  of  State  at  Washington 
lias  ruled  that  ships  of  belligerent  nations  when  equipped  with  ammu- 
nition and  armament  shall  be  treated  nevertheless,  while  in  American 
ports,  as  merchant  ships,  provided  the  armament  serves  for  defensive 
purposes  only.  This  ruling  wholly  fails  to  comply  with  the  principles 
of  neutrality.  The  equipment  of  British  merchant  vessels  with 
artillery  is  for  the  purpose  of  making  armed  resistance  against  Ger- 
man cruisers.  Resistance  of  this  sort  is  contrary  to  international 
law,  because  in  a  military  sense  a  merchant  vessel  is  not  permitted 
to  defend  itself  against  a  war  vessel,  an  act  of  resistance  giving  the 
warship  (•••)-  with  crew  and  passengers.  It  is  a  question  whether 
or  not  ships  thus  armed  should  be  admitted  into  ports  of  a  neutral 
country  at  all.     Such  ships,  in  any  event,  should  not  receive  any 


'See  pp.  110117,  I.M. 


'  Uiuiimion. 


i^^'^''j^^^ 


THE  UNITED  STATES  AND  GERMANY 


119 


better  treatment  in  neutral  ports  than  a  regular  warship,  and  should 
be  subject  at  least  to  the  rules  issued  by  neutral  nations  ret<tnctkig 
the  stay  of  a  warship.  If  the  Government  of  the  United  States  con- 
siders that  it  fulfills  its  duty  as  a  neutral  nation  by  conlining  the 
admission  of  armed  merchant  ships  to  such  ships  as  are  equipped  for 
defensive  purposes  only,  it  is  pointed  out  that  so  far  as  detcriuiuiug 
the  warlike  character  of  a  ship  is  concerned,  the  distinction  bit  ween 
the  defensive  and  offensive  is  irrelevant.  The  destination  of  a  ship 
for  use  of  any  kind  in  war  is  conclusive,  and  restrictions  as  to  the 
extent  of  armament  afford  no  guarantee  that  ships  armed  for  defen- 
sive purposes  only  will  not  be  used  for  offensive  purposes  under  cer- 
tain circumstances. 


The  Acting  Secretary  of  State  to  Ambassador  Gerard. 

[Telegram.] 

Department  of  State. 
Washingtwi,  November  7.  1914. 

Your  515,  October  15.  The  Government  of  the  United  States  is 
obliged  to  dissent  from  the  views  of  the  German  Government  as  ex- 
pressed in  your  telegram  in  regard  to  the  treatment  to  be  ai'cord«ia 
armed  merchant  vessels  of  belligerent  nationality  in  neutral  ports. 
The  practice  of  a  majority  of  nations  and  tlie  (consensus  of  opinion  by 
the  leading  authorities  on  international  law.  including  many  Oenaan 
writers,  support  the  proposition  that  merchant  vessels  may  arm  f»jr 
defense  without  losing  their  private  character  and  that  they  may 
employ  such  armament  against  liostile  attack  without  contraWning 
the  principles  of  international  law. 

The  purpose  of  an  armament  on  a  merchant  ves.sel  is  to  be  deter- 
mined by  various  circumstances,  among  which  are  the  number  and 
position  of  the  guns  on  the  vessel,  the  quantity  of  ammunition  and 
fuel,  the  number  and  m\  of  tlie  passengers,  the  nature  of  thv  cargo, 
etc.  Tested  by  evidence  of  this  iliaracter  the  question  as  to  whether 
an  armament  on  a  merchant  vessel  is  intended  solely  for  defensive 
purposes  may  be  readily  answered  and  the  neutral  government  should 
regulate  its  treatment  of  the  vessel  in  accordance  with  the  intended 
use  of  the  armament. 

This  Government  considers  that  in  permitting  a  private  vessel 
having  a  general  cargo,  a  customary  amount  of  fuel,  an  average  crew, 
and  passengers  of  both  sexes  on  boartl.  and  (tarrying  a  small  arma- 
ment and  a  small  amount  of  ammunition,  to  enjoy  the  hospitality  of 
an  American  port  as  a  merchant  vessel,  it  is  in  no  way  violating  its 
duty  as  a  neutral.  Nevertheless  it  is  not  unmindful  of  the  fact  that 
the  circumstances  of  a  particular  case  may  be  such  as  to  cause  t m- 
barrassmeut  and  possible  controversy  us  to  the  character  c.  an  armed 


i": 


^-^^^^^^■ffiSiSJ 


120        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

private  vewel  visiting  its  ports.  Recognizing,  therefore,  the  desira- 
bility of  avoiding  a  ground  of  complaint  this  Government,  as  soon  as 
a  case  aroae,  while  frankly  admitting  the  right  of  a  merchant  vessel 
to  carry  a  defensive  armament,  expressed  its  disapprobation  of  a  prac- 
tice which  compelled  it  to  pass  upon  a  v.'ssel's  intended  use.  which 
opinion  if  proven  subsequently  to  be  erroneous  might  constitute  a 
ground  for  a  charge  of  unneutral  conduct. 

As  a  result  of  these  representations  no  merchant  vessels  with  arma- 
ments have  visited  the  ports  of  the  United  States  since  the  10th  of 
September.  In  fact  from  the  beginning  of  the  European  war  but  two 
armed  private  ves-sels  have  entered  or  cleared  from  ports  of  this 
country  and  as  to  these  vessels  their  character  as  merchant  vessels 
was  conclusively  established. 

Please  bring  the  foregoing  to  the  attention  of  the  German  Gov- 
ernment and  in  doing  so  express  the  hope  tliat  they  will  also  prevent 
their  merchant  vessels  from  entering  the  ports  of  the  United  States 
carrying  armaments  even  for  defensive  purposes  though  they  may 
possess  the  right  to  do  -so  by  the  rules  of  international  law. 

Lansing. 


Ambassador  Oerard  to  the  Sccrriarji  of  State. 


:t   ( 


American  Euba.sst, 
Berlin.  Frhruary  14.  1916. 
Sir  :  I  have  the  honor  to  transmit  to  you  licrewith  three  copies  of 
the  memorandum  of  the  Imperial  German  Government  on  the  treat- 
ment of  armed  merchantmen,  dated  February  8,  1916,  which  formed 
the  subject  of  my  telegrams  No.  3467.  of  the  9th,  and  No.  3474,  of  the 
10th  instant.  There  are  likewise  inclosed  a  translation  of  the  text  of 
the  memorandum  and  a  copy  and  translation  of  the  note  verbale  from 
the  Imperial  Foreign  OflRce.  dated  Fcbruarj-  10,  1916,  with  which  the 
memorandum  was  transmitted  to  me. 

I  have,  etc.,  James  W.  Gerard. 


[Inelosure  1— Tianslation.] 


Foreign  OrncE, 
Berlin,  February  10,  1916. 


NOTE  VERBALE. 


The  Foreign  Office  lias  the  honor  to  transmit  herewith  to  the 
Embassy  of  the  United  States  ji  America  three  copies  of  a  memoran- 


THE  UNITED  STATES  AND  GERMANY 


121 


dam  of  the  Imperial  German  Government  on  the  treatment  of  armed 
merchantmen,  with  inclosures,  and  to  request  that  the  Embassy  be 
good  enough  to  bring  the  essential  contents  of  the  memorandum  to 
the  knowledge  of  its  Government  by  telegraph,  informing  it  at  the 
time  that  the  order  to  the  German  naval  forces  mentioned  in  Section 
IV,  No.  1,  of  the  memorandum  will  not  be  carried  into  effect  until 
the  29th  instant,  in  the  interest  of  neutrals  already  on  board  armed 
merchant  vessels. 


[Inclosure  2 — Translation.] 

MEMORANDUM  OF  THE  IMPERIAL  GERMAN  GOVERNMENT  ON  THE 
TREATMENT  OF  ARMED  MERCHANTMEN. 


1.  Even  before  the  outbreak  of  the  present  war  the  British  Gov- 
ernment had  given  English  shipping  companies  the  opportunity  to 
arm  their  merchant  vessels  with  guns.  On  March  26,  1913,  Winston 
Churchill,  then  First  Lord  of  the  Admiralty,  made  the  declaration  in 
the  British  Parliament  (Exhibit  1)  that  the  Admiralty  had  called 
upon  the  shipowners  to  arm  a  number  of  first-class  liners  for  protec- 
tion against  danger  menaced  in  certain  cases  by  fast  auxiliary  cruisers 
of  other  powers;  the  liners  were  not,  however,  to  assume  the  char- 
aeter  of  auxiliary  cruisers  themselves.  The  Government  desired  to 
place  at  the  disposal  of  the  shipowners  the  necessary  guns,  suflScient 
ammunition,  and  .suitable  personnel  for  the  training  of  the  gun  crews. 

2.  The  English  shipowners  have  readily  responded  to  the  call  of 
the  Admiralty.  Thus  Sir  Owen  Philipps,  president  of  the  Royal 
Mail  Steam  Packet  Company,  was  able  to  inform  the  stockholders 
of  his  company  in  May,  1913,  that  the  larger  steamers  of  tiie  company 
were  equipped  with  guns;  furthermore,  the  British  Admiralty  pub- 
lished in  January.  1914,  a  list,  according  to  which  twenty-nine  steam- 
ers of  various  English  lines  carried  guns  aft. 

3.  As  a  flatter  of  fact,  German  cruisers  ascertained  soon  after 
the  outbreak  of  the  war  that  English  liners  were  armed.  For  example, 
the  steamer  La  Correntina,  of  the  Houlder  Line,  of  Liverpool,  which 
was  captured  by  the  German  auxiliary  cruiser  Kronprim  Friedrich 
Wilhetm  on  October  7,  1914,  had  two  4.7-inch  guns  aft.  On  February 
1,  1915,  a  German  submarine  was  shelled  in  the  Channel  by  an 
English  yacht. 


1:1 


if 


!.'■¥ 


I    > 


IL 


1.  With  regard  to  the  legal  character  of  armed  merchantmen  in 
international  law.  the  British  Government  has  taken  the  position  in 
respect  of  its  own  merchantmen  that  such  vessels  retain  the  char- 


(    .1 


122        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

acter  of  p«ace«ble  merchant  veMels  ai  long  aa  they  cany  the  anna 
for  defensive  purpoaea  only.  In  accordance  with  this,  the  Britiah 
Ambaaiador  at  Waahington,  in  a  note  dated  Angnat  25, 1914  (Exhibit 
2),  gave  the  American  Government  the  fullest  aaaarances  that  British 
merchant  vessels  were  never  armed  for  purposes  of  atUck,  but  solely 
for  defense,  and  that  they  consequently  never  fire  unleaa  first  fired 
upon.  On  the  other  hand,  the  British  Government  set  up  the  prin- 
ciple for  armed  vessels  of  other  flags  that  they  are  to  be  treated  as 
war  vMsels.  Number  1  of  Order  1  of  the  Prize  Court  Bulea,  promul- 
gated  by  the  Order  in  Council  of  August  5,  1914,  expressly  provides 
"ship  of  war  shall  include  armed  ship." 

2.  The  German  Government  has  no  doubt  that  a  merchantman 
assumes  a  warlike  character  by  armament  with  guns,  regardlesa  of 
whether  the  guns  are  intended  to  serve  for  defense  or  attack.  It  con- 
siders any  warlike  activity  of  an  enemy  merchantman  contrary  to 
international  law,  although  it  accords  consideration  to  the  opposite 
view  by  treating  the  crew  of  such  a  vessel  not  as  pirates  but  aa  bellig- 
erents. The  details  of  its  position  are  set  forth  in  the  memorandum 
on  tho  treatment  of  armed  merchantmen  in  neutral  ports  (Exhibit  3) 
communicated  to  the  American  Government  in  October,  1914  the 
contents  ot  which  were  likewise  communicated  to  other  neutral  powers. 

d.  Some  of  the  neutral  powers  have  accepted  the  position  of  the 
fl"  I  ..•  °^^™™*°*  '°^  therefore  permitted  armed  merchantmen  of 
the  beUigerent  powers  to  stay  in  their  ports  and  shipyards  without 
the  restrictions  which  they  had  imposed  on  ships  of  war  through 
their  neutrality  regulations.  Some,  however,  have  taken  the  contrary 
view  and  subjected  armed  merchantmen  of  belligerents  to  the  neu- 
trality rules  applicable  to  ships  of  war. 


m. 

1.  During  the  course  of  the  war  the  armament  of  English  mer- 
chantmen  has  been  more  and  more  generally  carried  out.  From 
reports  of  the  berroan  naval  forces  numerous  cases  became  known  in 
which  English  merchantmen  not  only  oflfered  armed  resistance  to 
the  German  war  vessels,  but  proceeded  to  attack  them  on  their  own 
initiative,  and  in  so  doing  they  frequently  even  made  use  of  false 
flap.    A  list  of  such  cases  is  found  in  Exhibit  4,  which  from  the 

ILtl!^'"^?  u''  ™"\**'"  ?*°.  '"^'"'^^  °"'y  *  P"""*  0'  the  attacks  which 
were  actually  made  It  is  also  shown  by  this  list  that  the  practice 
described  18  not  limited  to  English  merchantmen,  but  is  imitated  by 
tlie  merchantmen  of  England 's  allips. 

2-  The  explanation  of  the  action  of  the  armed  English  merchant- 
men described  is  contained  in  Exhibits  5  to  12.  which  arc  photographic 
repr<KJuctions  ot  confidential  instructions  of  the  British  Admiralty 
found  by  Grrmaii  nav.il  forces  on  captured  ships.  These  instructions 
regulate  in  detail  artillery  attack  by  English  merchantmen  on  Ger- 


THE  UNITED  STATES  AND  GERMANY 


12S 


I  If 


man  lubmarines.  They  contain  exact  regulations  touching  the  recep- 
tion, treatment,  activity,  and  control  of  the  British  gun  crews  taken 
on  board  merchantmen ;  for  example,  the  crew  are  not  to  wear  uni- 
form in  neutral  ports  and  thus  plainly  belong  to  the  British  Navy. 
AboA.  all  it  is  shown  by  the  instructions  that  these  armed  vessels 
are  not  to  await  any  action  of  maritime  war  on  the  part  of  the  Ger- 
man submarines,  but  are  to  attack  them  forthwith.  In  this  respect 
the  following  regulations  are  particularly  instructive: 

a.  The  instructions  for  guidance  in  the  use,  care,  and  maintenance 
of  armament  in  defensively  armed  merchant  ships  (Exhibits  5  and  6) 
provide  in  the  section  headed  "Action,"  in  paragraph  4:  "It  is  not 
advisable  to  open  fire  at  a  range  greater  than  ^  yards  unless  the 
enemy  has  already  opened  fire."  From  this  it  is  the  duty  of  the 
merchantman  in  principle  to  open  fire  without  regard  to  the  attitude 
of  the  submarine. 

b.  The  instructions  regarding  submarines  applicable  to  vessels 
carrying  a  defensive  armament  (Exhibits  9  and  10)  prescribe  under 
Number  3  "If  a  submarine  is  obviously  pursuing  a  ship  by  day  and 
it  is  evident  to  the  master  that  she  has  hostile  intentions,  the  ship 
pursued  should  open  fire  in  self-defense,  notwithstanding  the  sub- 
marine may  not  have  committed  a  definite  hostile  act  such  as  firing  a 
gun  or  torpedo."  From  this  also  the  mere  appearance  of  a  sub- 
marine in  the  wake  of  a  merchantman  affords  sufficient  occasion  for 
an  armed  attack. 

In  all  these  orders,  which  do  not  apply  merely  to  the  zone  of 
maritime  war  around  England,  but  are  unrestricted  as  regards  their 
validity  (see  Exhibit  12  for  the  Mediterranean),  the  greatest  emphasis 
is  laid  on  secrecy,  plainly  in  order  that  the  action  of  merchantmen, 
in  absolute  contradiction  of  international  law  and  the  British  assur- 
ances (E.xhibit  2)  might  remain  concealed  from  the  enemy  as  well 
as  the  neutrals. 

3.  It  is  thus  made  plain  that  the  armed  English  merchantmen 
have  official  instructions  to  attack  the  Qerman  submarines  treacher- 
ously wherever  they  come  near  them,  that  is  to  say  orders  to  conduct 
relentless  warfare  against  them.  Since  England's  rules  of  maritime 
war  are  adopted  by  her  allies  without  question  the  proof  must  be 
taken  as  demonstrated  in  respect  of  the  armed  merchantmen  of  the 
other  enemy  countries  also. 


11 


I  :  i 


IV. 

In  the  circumstances  set  forth  above  enemy  merchantmen  armed 
with  guns  no  longer  have  any  right  to  be  considered  as  peaceable 
vessels  of  commerce.  Therefore  the  German  naval  forces  will  receive 
orders,  within  a  short  period  paying  consideration  to  the  interests  of 
the  neutrals,  to  treat  such  vessels  as  belligerents. 

The  German  Government  brings  this  status  of  affairs  to  the  knowl- 
edge of  the  neutral  powers  in  order  that  they  may  warn  their  nations 


124        DIPLOMATIC  CORBBSPONDENCB  BETWEEN 

merchRntmen  of  the  powcn  at  war  with  the  German  Empire 
Bertm,  Febnuury  8,  1916.  ""i""- 


S  ! 


r  f 


P 


'i    . 


ExaniT  1. 

nKLAEtTION   or  THC  nUT  LOU  OF  TU  AOMmALTT.   WIKNON   CHBMHIU,    A> 
THE    aURION    or    THE    BUTUH    LOWU    HOUDB    or    MAKB    28.     1013 

(ParliamenUry  D.b«tei.  OfflcUl  Report,  M  8<-Mioi>  of  th.  30th  P.rlUiiMiit 
HouM  of  Commonn,  1013,  Bd.  1  8.  1778  bit  1779  ) 
I  turn  to  one  aipeet  o/  trade  protection  which  require!  ipM^ial  r?fereiiee 
It  wa.  mad.  clear  at  the  .«»nd  Hague  Conference  and  the  LoSon  Conh"^ 

^rch":!^'°»  °'  *""  f?'  ^"'^  •"*"  "-""^  »»  »»"»*"'"  t»"  r««"  to3r^ 
-rv  n„  .K  ?T"  '"^  """^r"-  »"»  •»«'«'y  in  national  harl»r^  but  if  necea- 
iary  on  the  high  Ma..  There  i.  now  good  r«a«>n  to  believe  that  a  eoniidenbh^ 
number  of  foreign  merchant  eteamera  ma;  I*  rapidly  converted  into  armed  .hip. 
by    he  mounting  of  gun.     The  wa-borne  trade  of  th.  world  follow.  well^rkS 

Wlvn?^"  "!'  /  "1.°'  H^'f"  *'"  *"""»«*  °'  *"'  B""'''  mercantile  mari" 
largely  Predomln«to..  Our  foodn^arrying  liner,  and  vewol.  carrying  raw  material 
following  th.«.  trade  route,  would  in  certain  contingenoie.  m^t  foreign^eiieU 
armed  and  equipped  in  the  manner  de«.ribed.  If  the  Briti.h  .hip.  ^ZJT^. 
^T'Jf^  '"""^  •*,"  ""'  ""''y  "'  "y  '""''^  "°"  ""y'nK  one  eff«-tiveiw, 
^Lll""  T"*"  "i  '"»!°""'"°»-  ^'  '""^^  ^  obviouely  ab.urd  to  m«.t  U« 
continp,ncy  of  con.idorable  number,  of  foreign  armed  merchant  crui«.r.  on  th' 
high  Ma.  by  building  an  equal  number  of  cruiwsr..  That  would  expow  thi. 
country  to  an  expenditure  of  money  to  meet  a  particular  danger,  aether 

bt  Bri,i.i  I  "  T"*"'  .'■'"""■"  *'"'y  '"  '""»«»•  «"•  •»  «>vered  and  met 
ZJ^I  ,^^\  °'  *■"•  ••"*  ""  P"*''"  "l-'y  '»  «n  "nied  merchantman  la 

another  merchantman  armed  in  her  own  defense 

th«?fLr  *'"'  n""!?"  *\''''''''  *•■*  Admiralty  have  felt  it  necewary  to  draw 

hi  ih  T„  r  ,7  "•'r"'"""  "■'  '"'*''  '^'^  J"-"««l  'n  pointing  out  to 
them  the  danger  to  life  and  property  which  would  be  incurred  if  their  veuel. 
were  toUlly  incapable  of  oifering  any  defen«;  to  an  atUclt.  The  ahipowJLrXv^ 
h!?r^r'  '"/''f  Admiralty  invitation  with  cordiality,  and  .ubaUnU^^rop^ 

t.?\^n  '?  *''%'»'r"°"  °'  ""*""«  "  ^y  preparing  a  defen.ive  UmZ 

o  equip  a  number  of  fir.t<la».  British  liner,  to  repel  the  attack  of  armed 
foreign  merchant  cruiwr..  Although  lhe«.  vessel,  have,  of  courw,  a  wholly 
f:  tC  f '"f,""-  '^/»  »' ♦»>'.  ^"^'"'y  commissioned  merchant  cniiJtr,  su  J 
a«  those  we  obtain  under  the  Cunard  agreement,  the  Admiralty  have  felt  that 

heoCnr"  ^"^  k'"*  r'.°f  *•"'  ""^-"^  equipment  should  not  fall  upon 
Imir^t    •         /;■  ^"^  •r'!^'^'  "•«'"''"'■.  »»  lend  the  necewary  guns,  to  .upV^y 

to  ?„™  r-  ""**  *"  '"°''"':^  '"'  *•*"  *~'"'"'f  °'  •"™'^"  '"  the  "hip",  company 
to  form  the  Runs  crew..  The  owner,  on  their  part  are  paying  the  co.t  of  the 
nece««iry  structural  conversion,  which  i.  not  great.  The  fif iti.h  mer«ntH, 
marine  will,  of  course,  have  the  protection  of  the  Royal  Navy  under  all  ^°iWe 
frmTt.T:-h''"tH*'   "  °''"''""-'   ^'"P"""'"'  »°  guarantee' indivIdll.l'^eSj 

^ri^^  .  view  these  measure,  without  regret,  or  without  hoping  that  the 
period  of  retrogression  all  over  the  world  which  ha.  rendered  thL  necessary 

t^  ttorTh':^'^*.''^'?''  "'  ""'""  international  confidence  and  ag^rent.' 
tnan  those  through  which  we  are  now  pawing. 


THE  UNITED  STATES  AND  GERMANY 


125 


Enmrr  t. 
cxTMACT  raoM  Tax  omcut  pubucation  or  the  ncrAnMENT  or  aTATB  or  nn 

U.^ITKD    HTATKH    Or    AMBUOA. 

"  Bwopcan  War  No.  2,  DiploiaatU'  CorrMpondrara  with  Bcllinrrriit  n4i**rniB*nU 
KcUtiDg  to  Neutral  RIfkto  and  UntiM."     Vtgr  41.' 


Th«  F  .bMtador  to  tin  Secretary  of  Hlale. 

Mo.  CS9.]  Btrnan  Eubabrt, 

Wathinglon,  Augutt  2S.  lOU. 
Sat:  With  refmni'u  Mr.  Barclay'*  notM  No*.  2A2  and  2^0  o(  the  4th  and 
0th  of  August,  rrepvctlTely,  fully  explaining  the  poaition  talcen  up  by  Uia 
MajMty'a  (Jovrrnn.fnt  in  regard  to  the  qi<<>*tion  of  armed  merchaDtmen,  I  hav* 
the  honor,  in  view  of  the  fact  that  a  number  of  Britieh  armed  merchantmen  will 
BOW  be  viiiting  United  8tatea  port*,  to  reiterate  that  the  arming  of  British 
merchantmen  is  solely  a  precautionary  measure  adopted  for  the  purpose  of 
defense  agvinst  attack  from  hostile  craft. 

I  have  at  the  same  time  been  instructed  by  Hia  Majesty's  Principal  Secretary 
of  State  for  Foreign  Affairs  to  give  the  United  States  (iovernment  the  fullest 
asauranrt-H  that  Britiah  merchant  vessel*  will  never  be  used  for  purposes  of 
Attack,  that  they  ara  merely  peaceful  traders  armed  only  for  dcfenae,  that  they 
will  never  fire  unless  first  fired  upon,  and  that  they  will  never  under  any  cir- 
eumataaeca  attack  any  Teasel. 
I  have,  etc., 

Cecil  Spbino  Ricb. 
Exhibit  3. 

memobaiidrm  or  the  oebman  ootebnuent  conccbmiko  the  tbeatmext  or 
abmed  mebchant  ve88el8  in  .neutbal  p0bt8,  or  october  13,  1014. 

"Ab  ofBciai  notice  appearing  in  the  Westminster  Oaztttt  of  September  21, 
1014,  atates  that  the  Department  of  State  at  Washington  has  ruled  that  ships 
«■  belligerent  nations  when  equipped  with  ammunition  and  armament  shall  lie 
treated  neverthel<>a*,  while  in  American  ports,  as  merchant  ships,  provided  the 
armament  serves  for  defensive  purposes  only.  This  ruling  wholly  fails  to  comply 
with  the  principles  of  neutrality.  The  equipment  of  Britiah  merchant  vessels 
with  artillery  is  for  the  purpose  of  making  armed  resistance  againat  German 
cruisers.  Resistance  of  this  sort  is  contrary  to  international  law,  because  in 
a  military  aense  a  merchant  vessel  is  not  permitted  to  defend  itself  against  a 
war  Teasel,  an  act  of  resistance  giving  the  warship  the  right  to  send  the  mer- 
chant ship  to  the  bottom  with  crew  and  paaaengers.  It  is  a  question  whether 
or  not  ships  thus  armed  would  be  admitted  into  ports  of  a  neutral  country  at  all. 
Such  ships,  in  any  event,  should  not  receive  any  better  treatment  in  neutral  ports 
than  a  regular  warship,  and  should  be  subject  at  least  to  the  rule*  issued  by 
neutral  nations  restricting  the  stay  of  a  warship.  If  the  Government  of  the 
United  States  considera  that  it  fulfllls  its  duty  as  a  neutral  nation  by  confining 
the  admission  of  armed  merchant  ships  to  such  ships  as  are  e<|uipped  for  defen- 
aive  purposes  only,  it  ia  pointed  out  that  so  far  as  determining  the  warlike 
character  of  a  ship  ia  concerned,  the  distinction  between  the  defensive  and  offen- 
sive is  irrelevant.  The  destination  of  a  ship  for  use  of  any  kind  in  war  is 
eoBcluaive,  and  restrictions  as  to  the  extent  of  armnment  afford  no  guarantee 
that  ships  armed  for  defenHive  purposes  only  will  not  be  used  for  offensive  pur- 
poaes  under  certain  circumstanci-s." 

'  American  Journal  of  International  Lau>,  Special  Supplement,  July,  1015, 
p.  230 


II 
f  i 


■! 


it 


w 


III; 


n 


1     ! 
J     * 


W        DIPLOMATIC  C0BRE8P0NDENCB  BETWEEN 

Exrarr  4. 

[Tnad«tiM.| 

DIOMT  Of  CASES  IK  WHICH  ENEMY  MERCHAlfT  SHIPS  HAVE  FIRED 
ON  GERMAN  OR  Al'STROHUNOARlSj  SUBMARINES 


Apr.  28 


Mouth  North  Sua, 
iiMu-  the  Nord- 
hiMlcr  li|ht«klp. 


North  8m,  about 
(to  nautical 
milci  N.E.  o; 
the  mouth  of 
the  lyiie. 


May  80 


June  3 


Junv  14 


Weit  entrance  to 
the  E  n  g  I  i  a  h 
Channel,  near 
(hiPMant  ( L'tih- 
ant  lilandi. 

We»t  entrance  to 
the  E  n  K I  i  a  h 
Channel,  HO  nau- 
tical mile*  muth 
of  the  8c  Illy 
laleit. 

Wert  of  the  Heb- 
rides (abo«t  30 
nautical  m  i  1  c  a 
of!  Lewis). 


NathHulity  aad 
of  tb«  akip. 


UhkaowB  atauMr. 


Cnknown  ■teamcr 
of  medium  aiic. 


English  S.  S    De- 
merara. 


Unknown  steamer. 


Two    unknown 
steamer*. 


Partleulara  of  aurroundinf 
circumataneea. 


\ln 


StcMMr     without     a     flag. 
HtMUBer    aaw    periacopc; 
optncd    Kunflre    at    about 
9,000  HMter*  and  turned  on 
U  .  .  .  Report  of  the  ahelli 
oovld   be   beard   near   tha 
boat     (about    IS    or    80 
ahoU). 
Steamer  was  al(rhted  runnlof 
onward;    suddenly  opened 
Are  at  about  3,000  meters 
without  hoisting  flag.    On 
account    of    her    head-on 
poaition   It   could   not    ha 
seen     whether     ahe     bore 
neutral  marks.    From  the 
impact   of   the   shots   the 
guns  were  from  6  to  7  cen- 
timeters.      V  .  .  .  escaped 
the    well-directed    Are    by 
speedily  submerging. 
U  .  .  .  chased    the    steamer 
and     tried     when     4.500 
metera  off  to  bring  her  to 
a  halt  by  flring  warning 
guna.     Hteamer  turned  off 
and  returned  the  Ore 
U  .  .  .  tried    to    bring    the 
ateamer  to  a  halt  by  tiring 
warning    shots    with    her 
artillery    The  steamer  re- 
turned the  Are  with  a  poop 
gun. 
The  two  steamers  were  run- 
ning   close    together  —  at 
about   4,000   meters— U)th 
opened  fire  on  U  .  .  .  with 
small    caliber   poop   guna. 
Shots    hit    sideways    very 
bad.     Speedy   submerging, 
running  deep;    so  subma- 
rine attack  hopeless 


THE  UNITED  STATES  AND  GERMANY 


127 


Aug    U 


Att(.  18 


8«pt.  10 


Oct.  7 


Not.  3 


Nov.  5 


IrMi  Hm. 


Bristol  ClwBiMl. 


WMt«ni    M«dittr- 
raBMB. 


Middle  Medium- 
Dean. 


NatloMlttjr  aad 
BkOM  ot  tk«  tlilp. 


Urg*  Kagllih 
■tMMMr  of  Um 
il07Bl  Mail  LiB*. 


UBkBowB  rtiftr. 


^rtieulara  of  aurroBBdlag 
cirouautaBCM. 


do. 


Freach  S.  S.  Ami- 
rat  Bametin. 


Wntera   Mediter- 
ranean. 


Western    Mediter- 
ranean. 


English  transport 
steamer  Wood- 
field. 


Unknown  steamer. 


V  .  .  .  was  Bred  on  suddsBljr 
by  th<>  stsamsr  without 
proTocatloB  from  a  dis- 
taaea  of  8.000  matsra. 
tihots  fell  short.  No  at- 
tack was  attempt-Hl  on  the 
sleaBMr. 

Tried  to  bring  steamer  to  a 
halt  by  gualira  after  wars- 
Ing.  WheB  steaBMr  saw 
that  U  boat  was  waiting 
she  suddenly  opcnvd  tiri 
with  a  gun  from  the 
promenade  deck. 

A  steamer  was  challenged  to 
show  her  flag;  she  turned 
awaj  without  hoisting  thu 
flag  and  opened  Hre  with 
a  lO-centlmeter  poup  gun 
on  the  U  Imat,  which  es- 
caped the  tiring  hy  speed- 
ily submerging. 

U  .  .  .  signaled  the  steamer 
to  stop ;  she  turnrd  away 
and  ran  on  a  ziirzair  course. 
The  U  boat  trii-U  tu  bring 
the  steamer  to  a  halt  by 
artillery  llri>;  when  about 
3,000  meters  distant  she 
returned  the  Ure.  It  was 
some  time  before  the 
steamer  stopped.  She  was 
sunk  later. 

The  steamer  did  not  stop  at 
the  warning  gun.  At  a 
distance  of  A.OOO  meters 
she  returned  the  Are  with 
a  small  gun.  She  was 
forced  to  stop  by  artillery 
Are  and  hi-r  crew  list 
showed  that  the  steamer 
carried  gunners  and  en- 
listed men  of  the  navy  as 
meubers  of  her  crew. 

A  large  steamer  was  chased 
by  U  .  .  .  after  being  chal- 
lenged in  vain.  The 
steamer  returned  the  Hre 
with  a  large  gun.  The 
chase  had  to  be  given  up. 


'4  . 


•if 

ii 


^ift 


maocon  (bouition  tut  omit 

(ANSI  and  ISO  TEST  CHART  No.  2) 


/APPLIED  IMHGE    I 

1653  Eost  Moin  Street 

ROCh«l?  .   Nm   York  1 4609       USA 

(716)  482  -  0300  -  Phon« 

(716)  2M-  S989  -  Fa> 


if 


128         DIPLOMATIC  CORRESPONDENCE  BETWEEN 


ii 


'  ; 


1 
kit , 


:i  'Mi 


Date. 


Nov.  6 


Nov.  11 


Eastern    Mediter- 
ranean. 


Nationality  and 
name  of  the  ihip 


Western    Mediter- 
ranean. 


Nov.  30    Middle  Mediterra- 
nean 


Dec.  8 


Dec.  13 


Dec.  14 


EaBtern  Mediterra- 
nean. 


Middle  Mediterra- 
nean. 


E  n  g  1  i  «  h    tank 
steamer  Lvmina. 


English  S.  S.  City 
of  Slarteille. 


do. 


Unknown  steamer. 


do. 


Unknown   English 
steamer. 


Unknown  steamer. 


Particulars   of   surrounding 
circumstances. 


The  steamer  was  challenged 
to  stop  by  a  warning  gun. 
She  turned  about,  ran 
away,  and  returned  the 
fire  with  a  poop  gun.  She 
was  compelled  to  stop  by 
artillery  iire  and  later  was 
sunk. 

U  .  .  .  after  warning  tried  to 
stop  a  large  freight  steamer 
by  artillery  fire.  The 
steamer  turned  away  and 
returned  the  lire  with  two 
guns  of  about  10  centime- 
ters. The  U  boat  had  to 
give  up  the  chase;  the 
steamer  got  away.  A  press 
telegram  of  January  1, 
1016,  from  Bombay  told 
the  incident  in  detail;  the 
steamer  claimed  she  had 
sunk  the  U  boat. 

U  .  .  .  after  a  warning  gun 
tried  to  stop  a  large 
steamer  by  artillery  fire. 
The  steamer  turned  away 
and  returned  the  fire  with 
a  small  gun. 

The  steamer  was  approached 
under  water.  She  fired 
with  a  poop  gun  on  the 
periscope  as  soon  as  it 
emerged. 

U  .  .  .  tried  to  stop  by  artil- 
lery fire  a  large  steamer 
with  poop  guns  that 
showed  no  flag.  The 
steamer  hoisted  the  Eng- 
lish flag  and  returned  the 
fire  with  two  guns. 

U.  .  .approached  the 
steamer  which  stopped  at 
Bight  of  the  boat  and 
ordered  her  to  show  her 
flag.  The  steamer  speeded 
away  keeping  up  a  brisk 
fire  from  a  poop  gun. 


THE  UNITED  STATES  AND  GEBMANY 


129 


Date. 


1916 
Jan.  17 


Jan.  17 


Place. 


do. 


do. 


Nationality  and 
name  of  the  sliip 


do. 


English  S. 
lanie. 


S.  He- 


Particulars   of   eurrounding 
circumHtanceH. 


V  .  .  .  ordered  a  steamer 
apparently  in  ballast,  that 
was  sighted  on  a  westerly 
coast,  to  stop.  The 
steamer  turned  about,  ran 
away,  and  fired  with  a 
poop  gun. 

U  .  .  .  signalled  a  flush- 
decked  freight  steamer 
with  raised  forecastle  and 
cabin  of  about  3,000  tons, 
sailing  under  the  Dutch 
flag,  to  send  a  boat  and 
have  the  ship's  papers  ex- 
amined. This  was  done 
r.fter  a  while.  As  U  .  .  . 
which  for  safety's  salce  had 
gone  under,  came  to  the 
surface  about  1,000  meters 
away  from  the  steamer 
near  the  ship's  boat,  the 
steamer  opened  fire  with 
two  guns  of  medium  cali- 
ber and  machine  guns  so 
briskly  that  the  U  .  .  . 
barely  saved  herself  by 
speedily  submerging. 
Throughout  the  action, 
the  steamer  displayed  the 
Dutch  flag;  she  bore  the 
name  of  lUelanic  which  is 
found  not  in  the  Dutch, 
but  in  the  English  marine 
list. 


Exhibit  6. 

[Exhibit  6  is  a  duplicate  of  Exhibit  fl,  with  the  following  modificationi: 
The  side  note  to  paragraphs  1-5  under  the  heading  "  General "  reading  "  not 
applicable  to  ocean-going  vessels  permanently  armed  "  does  not  appear  in  Exhibit 
6 ;  a  clause  reading  "  in  one  of  the  officers'  messes  "  has  been  omitted  in  Blxhibit  6 
after  the  word  "but"  in  paragraph  5  of  the  same  heading;  and  paragraph  6 
with  its  subdivisions  i  and  ii  have  been  added  in  Exhibit  6  under  the  heading 
"  lutructioB*  for  CanTing  and  Firing  Practice."— Ed.] 


i-lf 


130         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Exhibit  6. 
(Found  on  the  English  Steamer  Xfoodfield.) 
Confidential. 

INSTBUCTIONS  FOB  QUIOANCZ  IN  THE  USE,  CARE,   AND  MAINTENANCE  OF  ABUAMENT 
IN  DEFENSIVELY  ABUED  MEBCUANT  SniPS. 


1   !. 


1   f  [s   . 

!  jp 

III 
i  i  ;  » 
i  }  !.:■ 

1 : 
)  •  ( . 


!,'  M 


li  '■(  i  »'■ 


'r 


n 

es   s 

•"  5 

1 1. 

"5. " 


:i  i 


Oeiiera{. 

r       1.    Ratings  embarked  as  ^n's  creve  will  sign  the  ship's  articles  at 
the  rate  of  pay  communicated. 

2.  They  are  to  obey  the  orders  of  the  master  and  officers  of  the  ship. 
If  they  think  it  necessary  to  make  a  complaint  against  any  order,  they 
are  to  obey  the  order  and  make  their  complaint  in  writing,  asking  that 
it  may  be  forwarded  to  the  proper  authorities. 

3.  The  ratings  are  not  required  for  duties  unconnected  with  the  arma- 
ment except  in  case  of  emergency,  but  they  are  to  assist  at  all  times  in  the 
welfare  of  the  ship  and  look  after  the  cleanliness  of  their  berths. 

4.  They  are  to  keep  watch  and  watch  at  sea,  and  also  when  the  ship  is 
anchored  in  any  place  liable  to  attack  by  submarines. 

*i  g  I       5.   They  will  receive  their  pay  through  the  master  of  the  ship.    They 
c        j  will  not  mess  with  the  crew,  but  as  the  master  may  decide, 
fi.    Uniform  is  not  to  be  worn  in  neutral  ports. 

7.  A  brief  report  is  to  be  rendered  by  the  senior  rating  on  the  1st  of  each 
month,  countersigned  by  the  master,  and  sent  to: 

The  Director  of  Trade  Division, 
Admiralty,  Whitehall,  S.  VV. 

Drill  and  Maintenance  of  Oun. 

8.  The  ratings  embarked  are  entirely  responsible  for  the  efficiency  in  all 
respects  of  the  gun  and  ammunition,  which  should  be   ready  day  and  night. 

9.  The  senior  rating  is  to  arrange  with  the  master  to  detail  the  necessary 
additional  men  to  complete  the  gun's  crew  up  to  the  numbers  required  by  the 
Irill  book. 

10.  One  of  the  ratings  is  to  act  as  gun  layer  and  the  other  as  breech  worker. 
The  remaining  numbers  should  be  told  off  to  act  as  sight  setter,  projectile  loader, 
and  cartridge  loader,  etc. 

11.  Arrangements  are  to  be  made  with  the  master  to  detail  a  sufficient  num- 
ber of  hands,  over  and  above  the  gun's  crew,  to  supply  ammunition  to  the  gun 
on  going  into  action. 

12.  A  ready  supply  of  ten  complete  rounds,  with  percussion  tubes  in  the 
cartridges,  is  to  be  kept  at  the  gun  day  and  night.  Care  should  be  taken  that 
a  supply  of  one  percussion  tube  to  each  cartridge  is  kept  aside  for  action,  and 
this  supply  of  tubes  is  never  to  be  encroached  on  for  practice  firing 

13.  The  senior  rating  should  arrange  with  the  master  for  the  instruction  of 
the  ratings  told  off  as  gun's  crew  and  ammunition  supply  party. 

14.  A  drill  book  is  supplied  for  information,  but  it  is  not  necessary  that  the 
gun's  crew  should  be  burdened  with  details,  provided  that  they  understand  what 
is  required  when  the  gun  is  to  be  fought. 

15.  Percussion  firing  should  always  be  used,  as  it  is  the  most  certain  means 
of  discharging  the  gun;   and  therefore — 

(a)    Cartridges,  in  ready  supply  only,  should  be  kept  ready  tubed  with  per- 


THE  UNITED  STATES  AND  GERMANY 


131 


cusiion  tube*.  Tubes  not  required  for  ready  supply  of  cartridges  should  be 
retained  in  their  sealed  boxes  to  preserve  them  from  damp. 

(bl  Aiming  practice  with  a  percussion  lanyard  should  be  carried  out  daily. 
It  is  not  necessary  to  fire  a  tube  in  this  practice,  but  the  breech  worker  should 
be  exercised  at  the  same  time  in  cocking  the  striker  while  the  breech  is  open 
and  in  hooking  on  the  tiring  lanynrd  and  passing  it  to  the  gun  layer. 

Note. — The  present  allowance  of  percussion  tubes  is  one  per  cartridge.  Electric 
firing  mechanism  and  Ijatteries  are  therefore  to  be  kept  efficient  in  every  respect 
in  ease  the  supply  of  percussion  tubes  becomes  insufficient  from  damp  or  other 
causes. 

16.  Great  attention  is  to  be  paid  to  the  ready  supply  of  ammunition  to 
keep  it  clean  and  dry.  If  tubes  and  cartridges  are  not  kept  dry  there  is  con- 
siderable danger  of  hanging  fire.  The  projectiles  are  to  \>e  lightly  oiled.  In  case 
the  cartridges  are  suspected  to  have  become  wet  they  should  be  laid  aside  until 
return  to  harbor. 

17.  For  the  maintenance  of  the  gun  and  mounting  it  is  to  be  borne  in  mind 
that  "  lubrication  is  the  secret  of  efficiency  in  gun  machinery."  All  oil  channels 
bhould  be  seen  clear  of  vaseline  and  filled  with  oil.  It  id  to  be  remembered  that 
vaseline  is  a  preservative  only;  oil  is  a  lubricant. 

Kach  morning  and  evening  the  bore  is  to  be  seen  clear,  recoil  cylinders  filled, 
striker  protrusion  gauged,  and  the  gun  trained  and  elevated  to  both  extremes. 
The  gun  is  to  be  cleaned  twice  a  day,  gear  being  supplied  by  the  master. 
Brivkdust  is  not  to  be  used  on  machined  surfaces. 


Action. 

The  master  is  responsible  for  handling  the  ship  and  for  opening  and  ceasing 
fire.  He  has  been  furnished  with  instructions  which  will  enable  him  to  do  this 
to  the  best  advantage.  The  duty  of  the  gun's  crew  is  to  fight  the  gun  under 
the  general  direction  of  the  master,  who  will  communicate  to  them  so  much 
of  the  instructions  as  he  may  consider  necessary  to  enable  them  to  fight  the 
gun  tc  the  beut  advantage. 

In  action  the  following  instructions  should  1a>  carried  out: 

( 1 )  When  in  submarine  waters  everything  should  be  in  a  state  of  readiness, 
but  the  gun  should  not  be  kept  actually  loaded. 

(2)  When  the  enemy  is  engaged — 

(a)    The  point  of  aim  should  be  the  center  of  the  water  line. 

(6)  It  is  to  be  remembered  that  "over"  shots  are  iiselcas.  A  short  shot  by 
causing  a  splash  confuses  the  enemy.  It  may  ricochet  into  the  enemy.  If  the 
■hell  bursts  on  striking  the  water,  as  it  usually  does,  some  fragments  are  likely 
to  hit  the  enemy.  To  get  the  best  results  at  least  half  of  the  shots  fired  should 
fall  short. 

(3)  The  master  wil  probably  keep  the  submarine  astern,  so  that  little 
deflection  will  be  necessary. 

( 4 )  It  is  not  advisable  to  open  fire  at  a  range  greater  than  800  yards,  unless 
the  enemy  has  already  opened  fire,  for  the  following  reasons: 

(a)    The  ammunition  supply  is  limited. 

(6)  Accurate  shooting  under  probable  existing  conditions  cannot  be  expected 
at  greater  ranges. 

(5)  When  in  action  and  a  riiss  fire  occurs  with  a  percussion  tube,  the  fol- 
lowing procedure  is  to  !)«  adopted: 

(o)    The  B.  M.  levjr  is  to  be  tapped  to  insure  it  is  closed. 

(6)  The  striker  is  to  be  rccocked. 

If  the  gun  does  not  then  fi.e,  the  striker  is  to  be  taken  out  to  insure  that  the 


iJ 


i 


132        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

point  it  not  broken.  If  unbroken,  the  brtrih  it  to  be  opened  and  the  cftrtridg* 
it  to  be  thrown  overbotrd,  it  having  been  aicertained  that  the  percuiaion  tubu 
hat  been  interted. 

The  gna  it  th<>n  to  be  reloaded. 

In$truction$  for  Carrying  out  Firing  Practice. 

1.  In  order  to  insure  that  the  gun  is  maintained  in  an  eiflcient  condition, 
one  round  is  to  be  fired  every  two  months. 

2.  In  order  to  prevent  falcs  alarms  it  is  essential  that  the  firing  referred 
to  in  paragraph  1  shall  take  place  ic  clear  weather  and  out  of  sight  of  land 
and  of  other  ehipt. 

3.  If  convenient  a  cask  or  other  suitable  object  should  be  dropped  at  a 
target,  and  the  gim  should  be  fired  when  the  range  is  about  800  yards. 

4.  The  gun's  rew  and  ammunition  supply  party  should  be  exercised  on  tht 
day  previous  to  the  practice,  and  also  immediately  before  firing. 

5.  Before  practice  firing  the  following  procedure  is  to  be  carried  out: 
(a)    Recoil  cylinders  and  tanks  are  to  be  seen  filled. 

(6)  Bore  is  to  be  seen  clear. 

(0)  Moveable  objects  in  the  way  of  blast  from  the  gun  are  to  be  removed. 
((f)  The  striker  is  to  be  examined  to  tee — 

(1)  That  sheath  net  is  screwed  np  and  keep  pin  in  place  and  intact. 

(2)  That  needle  set  and  check-nuts  are  screwed  up. 

(3)  That  striker  does  not  protrude  with  B.  M.  lever  in  open  position. 

(4)  That  striker  does  not  move  forward  till  marks  on  breech  block  and  gun 
are  in  line. 

(6)    That  safety  stop  it  correct  and  keep-tcrew  is  in  place. 

(6)  In  guns  fitted  with  "A"  breech  mechanism,  the  mechanism  it  never 
to  be  taken  apart. 

Paragraphs  (1),  (2),  and  (5)  do  not  apply,  but  the  following  should  b« 
seen  to: 

(i)  The  nut  retaining  striker  must  be  seen  screwed  up  and  keep-tcrew  in 
place. 

(>«)    The  needle  retaining-nut  should  be  seen  screwed  up  taut. 
Abuuullty, 

7  May,  1015. 

Exhibit  7. 
(Found  on  the  English  Steamer   i^oodfitld.) 


Confidential. 


ADDENDA  TO  INSTBrCTlONS   FOB  OCIDANCE  IN   THI  USB,  OABi£.   AND   MAINTXHANCI 
OF  ABMAMENT  IN  DEFENSr.IXT  ABMED  MEBCHANT  SHIPS. 

1.  The  master  should  arrange  wherever  possible  that  the  space  in  the  imme- 
diate vicinity  of  the  gun  is  railed  off,  and  passengers  and  other  imauthorized 
persons  should  not  be  allowed  near  the  gun. 

2.  A  notice  to  this  effect  should  be  posted  up  near  the  gun. 

3.  When  the  ship  is  in  harbor,  one  of  ihe  two  ratings  is  always  to  be  on 
board  to  keep  guard  on  the  gun  and  ammunition,  and  the  master  is  to  use  hit 
discretion  as  to  keeping  both  ratings  on  board,  should  he  consider  such  a  course 
to  be  desirable. 

4.  The  gun  is  to  be  kept  covered  at  all  times  when  not  in  use. 


THE  UNITED  STATES  AND  GERMANY 


133 


5.  Whenevw  th«  Mf  anchor  in  the  vicinity  ot  a  man-of-w«l,  »  nquMt 
should  be  made  to  the  commanding  officer  of  the  man-of-war  for  an  anaorar 
to  inspect  the  gun  and  mounting. 

ACUUALTT, 

27  JToy,  1915. 

ExBiBrr  8. 

(Found  on  the  English  Steamer  Woodfield.) 

MULL  BOOK  FOB  12-PB.  Q.  T.  0058  ISSUED  TO  DEFEK8IVB.T  ABUED  IOBOHAUT  BHm, 
ADMIBALTT,   OUNNEBT   BBANCR. 

(O.  6118/15.    May  1615.) 


[Translation.] 

Note:  The  contents  of  this  Drill  Boole  have  only  a  military  interest. 

Exhibit  9. 

[Exhibit  9  is  a  duplicate  of  Exhibit  10  down  to  paragraph  6  of  the  latter. 
Exhibit  9  bears  No.  45  and  is  dated  25th  February,  1915.— Ed.] 

ExBDirr  10. 


(Found  on  the  English  Steamer  Moodfitld.) 


Confidential. 


No.  291. 


IN  NO  CIBCXTMSTANCES  IB  THIS   PAPEB  TO  BE  ALLOWED  TO  FALL   INTO  THE  HAHIM 

OF  THE   ENEMY. 

This  paper  is  for  the  master's  personal  information.  It  is  not  to  be  copied, 
and  when  not  actually  in  use  is  to  be  kept  in  safety  in  a  place  where  it  can  fa* 
destroyed  at  a  moment's  notice. 

Such  portions  as  call  for  immediate  action  may  be  communicated  verbally 
to  the  officers  concerned. 

April,  1916. 

IN8TB0CTIOS8    REOABDINO    8UBICABINES    APPLICABLE    TO    VESSELS    CABBVINO    A 
DEFENSIVE  ABilAMENT. 

1.  Defensively  armed  vessels  should  follow  generally  the  instructions  for 
ordinary  merchant  ships. 

2.  In  submarine  waters  guna  should  be  kept  in  instant  readiness. 

3.  If  a  submarine  is  obviously  pursuing  a  ship  by  day  and  it  is  evident  to 
the  master  that  she  has  hostile  intentions,  the  ship  pursued  should  open  fire  in 
self-defense,  notwithstanding  the  submarines  may  not  have  committed  a  definite 
hostile  act,  such  as  firing  a  gun  or  torpedo. 

4.  In  view  of  the  great  difficulty  in  distinguishing  a  friend  from  an  enemy  at 
night,  fire  should  not  be  opened  after  dark  unless  it  is  abiolutely  cerUin  that 
the  vessel  fired  at  is  hostile. 

5.  Before  opening  fire  the  British  colors  must  be  hoisted. 

It  is  essential  that  fire  should  not  be  opened  imder  neutral  colors. 


134         DIPLOMATIC  CORRESPON^,;,WCE  BETWEEN 


0.  If  a  dcfenilvely  armed  veiicl  U  pursued  by  a  lubmarine  the  matter  baa 
two  alternative*: 

(a)  To  open  fire  at  long  range  immediately  it  it  certain  tb.it  tbe  tubmarin* 
it  really  in  purtuit. 

(6)  To  retain  firr  until  the  submarine  baa  doted  to  a  range,  tay  800  yardi, 
at  which  fire  it  likely  to  be  ciTcctive.  In  view  of  the  very  great  difficulty  of 
dittin^itbing  between  friendly  and  hostile  tubmarinet  at  long  range  (one 
Brititb  tubmarine  hag  already  been  flred  at  by  a  merchant  veseel  which  errone- 
outly  tuppoted  herself  to  be  pursued  by  the  tubmarine),  it  is  strongly  recom- 
mended that  course  ( 6 )  should  be  adopted  by  all  defensively  armed  ships. 

7.  A  submarine's  flag  is  no  guide  to  her  nationality,  at  German  submarine! 
frequently  fly  British  colors. 

8.  Vessels  carrying  a  defensive  armament  and  proceeding  to  neutral  porta 
mutt  not  be  painted  in  neutral  colort  or  wear  a  neutral  flag. 

9.  It  it  recommended  that  in  neutral  portt,  particularly  thote  of  Spain,  the 
armament  should  be  concealed  as  far  at  possible.  A  canvat  cover  it  recom- 
mended for  this  purpose. 

EZHIBFT  11. 


Secret. 


(Found  on  tbe  English  Steamer  Woodfield.) 


IIEMOBAKOVM   FOB  ISSUE  TO   MASTEB8  OF  TRAMSPOBTS   CABBTINO   TBOOPa. 

Ute  of  Rifle  and  Machine  Gun  Fire  by  Troopt  on  Board  Transports  againtt 
Enemy  Submarinet  or  Torpedo  Craft. 

( 1 )  In  daylight  a  submarine  will  probably  attack  while  submerged  with  only 
her  periscope  showing. 

At  night,  in  moonlight,  a  submarine  may  attack  while  on  the  surface  or  with 
only  her  conning  tower  above  water  owing  to  the  difficulty  of  seeing  through  the 
periscope  at  night. 

(2)  In  either  case  heavy  rifle  or  machine-gun  fire  will  make  it  more  difficult 
for  a  submarine  to  make  a  successful  shot  with  a  torpedo.  If  submerged,  no 
injury  will  be  done  to  her,  but  a  good  volume  of  Are  falling  just  short  of  the 
periscope  will  make  splashes  which  will  render  it  difficult  for  the  observer  to 
see  clearly  through  the  periscope. 

(3)  When  a  destroyer  L'scort  is  accompanying  a  transport,  troops  should  not 
open  fire  on  a  submarine,  as  it  may  prevent  a  destroyer  from  ramming  her,  nor 
should  their  weapons  be  loaded,  in  order  to  avoid  the  possibility  of  an  escorting 
vessel  being  fired  on  by  mistake,  especially  at  night. 

(4)  When  no  escort  it  provided,  machine  gunt  should  be  in  readiness  to 
open  fire,  and  a  strong  party  of  riflemen  should  alto  be  on  duty. 

(5)  Military  officers  should  be  in  command  both  of  the  machine  guns  and 
riflemen  to  control  the  fire. 

(6)  A  military  officer  of  the  watch  should  be  in  command  of  the  troopt  on 
deck.  He  should  not  order  fire  to  be  opened  on  a  hostile  submarine  or  torpedo 
vessel  without  the  previous  assent  of  the  master  or  his  representative— the  ship's 
officer  of  the  watch. 

(7)  The  object  of  those  controlling  the  fire  should  be  to  keep  the  center  of 
the  pattern  just  short  of  the  hostile  vessel. 

(8)  Machine-gun  tripods  can  be  lashed  to  the  rails  or  other  deck  fittings. 
If  there  is  motion  on  the  ship  and  machine  gunt  are  fitted  with  elevating  or 
training  gear,  it  is  advisable  to  disconnect  it  and  point  the  gun  by  hand. 


THE  UNITED  STATES  AND  GERMANY 


135 


(9)  Field  gunt  with  recoil  mounting*  might  pouibly  be  lecured  on  deck 
in  euch  a  manner  a*  to  permit  o(  their  being  flred,  but  their  arc  ol  training 
would  be  very  rettricted.  and  it  ii  unlilcely  that  gun  layeri.  without  previoua 
training  afloat,  could  make  satisfactory  practice  from  a  nhip  with  motion  on. 
Their  use  ia  not,  therefore,  recommended. 

(10)  In  men-of-war  it  has  been  the  practiie  for  very  many  year*  to  station 
sentries  with  ball  cartridge  on  deck  opposite  the  boats  in  the  event  of  Are, 
collision,  or  other  sirious  emergency  likely  to  lead  to  the  boats  being  required. 
Their  duties  are  to  prevent  anyone  getting  into  the  Imata  or  attempting  to  lower 
the  boats  without  orders  from  the  captain  or  his  representative.  This  practice 
should  be  followed  in  transports. 

AOUIUALTY, 

31«t  May,  1013. 

ExiliniT  12. 

(Found  on  the  English  Steamer  Linkmoor.) 

AOMIBAI.  SnPEBINTENDEST'8  OFFICB, 

Malta,  June,  lOlS. 
Instructions  to  British  Merchant  Vessels  Passing  Through  the  Mediterranean  Sea. 

It  is  now  certain  that  there  are  enemies  submarines  at  sea  in  the  Medi- 
terranean. .     . 

In  order  to  avoid  attack  you  are  to  keep  out  of  the  track  of  shipping. 

You  are  to  darken  ship  at  night  and  are  not  to  show  navigation  lights  except, 
at  discretion,  to  avoid  collision,  and  all  lights  are  to  be  extinguished  when 
necessity  is  passed.  .       u  • 

You  are  to  carry  out  the  procedure  recommended  by  the  Admiralty  in  their 
printed  instructions  if  a  ho-tile  sulmarine  is  siglited. 


The  German  Ambassador  to  the  Secretary  of  State. 

German  Embassy, 
Washington,  February  29,  1916. 
My  dear  Mr.  Secretary: 

With  reference  to  our  conversation  of  yesterday  I  beg  to  state 
that,  according  to  wireless  information  which  I  received  from  my 
Government,  English  newspapers,  amongst  others  the  London  Times 
and  Daily  Graphic,  dealing  with  the  question  of  armed  merchant- 
men, openly  declare  that  British  merchantmen  have  no  intention  to 
conform  even  to  the  American  viewpoint  which  permits  arming  of 
merchantmen  for  purposes  of  defense  only. 

The  naval  correspondent  of  the  London  Times,  in  the  edition  of 
February  10,  admits  that  steamers  Kashgar,  City  of  Marseille,  and 
the  French  steamer  Plata  opened  fire  on  submarines  after  sighting 
them.  The  correspondent  then,  referring  to  the  episode  of  the  Claii. 
McTavish,  says  that  it  did  not  mtet  deserved  success,  but  that  it 
shows  the  readiness  with  which  merchantmen  can  "attack." 


'ffi 


138        DIPLOMATIC  COBBESPONDENCB  BETWEEN 

LikewiM  Daay  Graphic  in  an  trtide  of  February  12th,  dealing 
with  the  aame  question,  says:  "Let  it  be  understood  that  we  shall  not 
limit  our  acUon  to  defensive  measures."  A  similar  utterance  i« 
reported  about  in  the  Daay  Graphic  of  February  22d. 

On  the  other  hand  the  semi-official  North  German  Gaxette  on  Feb- 
ruary 26th,  referring  to  President  Wilson's  letter  to  Senator  Stone, 
as  viewed  by  Renter,  publishes  the  following  article : 

The  principles  stated  in  the  German  memorandum  are  by  no 
means  opposed  to  international  law,  for  secret  orders  of  the  British 
Admiralty  published  in  the  memorandum  expressly  instruct  armed 
British  merchantmen  to  not  only  defend  themselves  but  to  attack  also 
Numerous  incidents  quoted  in  the  memorandum  give  further  proof 
that  the  ships  follow  this  instruction.  Such  vessels  according  to  mter- 
national  law  cease  to  be  peaceful  trading  ships.  On  the  other  hand 
the  precedent  taken  by  our  enemies  appears  as  gross  breach  of  law 
of  nations,  since  they  through  merchantmen  commit  acts  of  warfare 
that  only  a  real  man-of-war  is  entitled  to.  If  President  Wilson  in  his 
letter  to  Senator  Stone  says  that  announced  measures  against  armed 
enemy  merchant  ships  are  contrary  to  express  assurances  given  by 
Germany  and  Austro-Hungary,  this  is  apparently  caused  by  mis- 
understanding. For  these  assurances  referred  only  to  peaceful  liners 
and  not  to  such  ships  whose  armament  is  connected  with  aggressive 
pun)oees.  These  misunderstandings  were  apparently  caused  by  the 
tact  that  the  memorandum  with  annexes  is  not  yet  in  the  hands  of 
the  American  Government  and  that  therefore  the  President  is  so  far 
unable  to  examine  both. 

^  *™'  «tc.,  J.  Bebnstobfp. 


Ambassador  Gerard  to  the  Secretary  of  State. 

American  £HB.v88r, 
Berlin,  April  11,  1916. 
Sir:  I  have  the  honor  to  transmit  herewith  to  the  Department  a 
copy  and  translation  of  a  Note  Verbale,  dated  April  11, 1916,  received 
from  the  Imperial  Foreign  Office,  inclosing  a  copy  of  an  official  order 
said  to  have  been  issued  by  the  English  Admiralty  for  armed  English 
merchant  vessels  for  the  event  of  meeting  submarines,  which  order 
was  found  on  the  English  steamer  Appam  brought  in  as  a  prize  by 
the  German  ship  Moetvc. 

The  substance  of  this  note  is  to-day  being  cabled  to  the  Depart- 
ment. 

I  »™'  etc.,  For  the  Ambassador, 

J.  C.  Grew. 


THE  UNITED  STATES  AND  QERMANT 


137 


[  loclosure — Tranilation.  ] 


No.  Ilia.  6499. 
69362. 


FOREION  OmcE, 
Berlin,  April  11,  1916. 


NOTE  VKRBALE. 


The  Foreign  Office  has  the  honor  to  transmit  herewith  to  the 
Erobasay  of  the  United  States  of  Amt  °  .a  a  copy  of  an  official  order 
issued  by  the  English  Admiralty  for  armed  English  merchant  vessels 
for  the  event  of  meeting  submarines.  The  order  was  found  un  board 
the  English  steamer  Appam,  brought  in  as  a  prize  by  His  Majesty's 
ship  Moewe. 

It  is  evident  from  this  official  order  also  that  the  English  mer- 
chant  vessels  are  to  proceed  aggressively  against  any  submarine  which 
comes  in  sight;  it  is  therefore  likewise  in  conflict  with  the  assertion 
of  the  British  Government  that  English  merchant  vessels  are  only 
armed  for  defense. 

The  Foreign  Office  begj  to  request  the  Embassy  to  acquaint  ita 
Government  of  the  above. 


h 


[Subinclosure.] 

Any  submarine  approaching  a  merchant  vessel  may  be  treated  as 
hostile.  Gunfire  from  the  latest  submarines  is  effective  in  fine  weather 
and  at  close  range.  If  chased  by  submarine  armed  with  gun,  first 
attempt  to  escape ;  if  this  proves  impossible,  turn  and  steer  straight 
for  submarine  before  she  gets  close  enough  to  use  her  guns  effectively. 
It  is  believed  that  German  submarine  must  get  into  a  position  nearly 
end  on  in  order  to  fire  a  torpedo.  In  submarine  waters  all  ships 
should  proceed  at  utmost  speed ;  fast  ships  whose  speed  exceeds  ten 
knots  should  zigzag,  course  being  altered  at  short  and  irregular  inter- 
vals unless  proximity  of  other  vessels  makes  this  unsafe  for  naviga- 
tion. Under  water  speed  of  submarine  is  low  and  zigzaging  makes 
it  difficult  for  it  to  get  into  position  to  deliver  surprise  attack.  Wire- 
less warnings  sent  out  from  Saintjust  and  Valencia  at  3  and  9  a.  m. 
and  p.  m.  in  M.  V.  Code  will  tell  you  where  submarines  are  active, 
but  should  necessity  arise  warrings  may  be  sent  at  any  time.  German 
submarines  are  fitted  with  wireless.  No  wireless  signals  except  in 
emergency  are  allowed  within  100  miles  from  British  coast. 

Most  important  to  make  landfall  after  dark  and  when  position  is 
verified  give  coast  a  wide  berth.  Submarines  can  operate  as  surface 
boats  at  night;  all  unnecessary  lights  therefore  increase  the  danger. 
The  presence  of  a  ship  may  be  disclosed  to  a  submarine  by  the  undue 
use  of  a  siren. 

Instruction  from  Admiralty  Secret. 

(Signature  illegible.) 
13.  6.  15. 


s.t. 

'   4 


m 


'•    ;: 


mm 


M 


ill 


138         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Part  VI. 
SUPPLIES   FOR  BELLIGERENT   VESSELS. 

The  Acting  Sccreiarij  of  State  to  the  German  Ambatsador.^ 

DcrARTMENT  OF  STATE, 

Washington,  September  19,  1914. 
Dear  Mr.  Ambassador: 

I  am  inclosing  for  your  infomiation  two  memoranda,  which  tho 
Department  has  issued  to-day  and  which  define  the  general  rules 
which  this  Government  will  follow  in  dealing  with  cases  involving 
the  status  of  armed  merchant  vessels  visiting  American  ports,  and 
with  cases  of  merchant  vessels  nispected  of  carrying  supplies  to 
belligerent  warships  from  American  ports. 

I  am,  etc.,  Robert  Lansino, 


[Indosure  1.]  ' 
[Inclosure  2.] 


MERCHANT  VESSELS  SUSPECTED  OP  CARRYING  SUPPLIES  TO  BELUOEREXT 

VESSELS. 

1.  A  base  of  operations  for  belligerent  warships  is  presumed  when 
fuel  or  other  supplies  are  furnished  at  an  American  port  to  such 
warships  more  than  once  within  three  months  since  the  war  began, 
or  during  the  period  of  the  war,  either  directly  or  by  means  of  naval 
tenders  of  the  belligerent  or  by  means  of  merchant  vessels  of  belliger- 
ent or  neutral  nationality  acting  as  tenders. 

2.  A  common  rumor  or  suspicion  that  a  merchant  vessel  laden  with 
fuel  or  other  navf '  supplies  intends  to  deliver  its  cargo  to  a  belliger- 
ent warship  on  the  high  seas,  when  unsupported  by  direct  or  circum- 
stantial evidence,  imposes  no  duty  on  a  neutral  government  to  detain 
such  merchant  vessel  even  for  the  purpose  of  investigating  the  rumor 
or  suspicion,  unle.  s  it  is  known  that  the  vessel  has  been  previously 
engiiged  in  furnish,  ng  supplies  to  a  belligerent  worship. 

3.  Circumstantiil  evidence,  supporting  a  rumor  or  suspicion  that 
a  merchant  vessel  iutends  to  furnish  a  belligerent  warship  with  fuel 

'  Same  to  tlis  Dritixh,  French,  and  Japanese  Ambassadorg  in  WaabiDstoo, 
and  the  Belgian  Ministrr. 

'Inclosure  No    1  printed  under  section  "Armed  Merchant  Vessel s,"  p.  116. 


THE  UNITED  STATES  AND  OERMANY 


139 


or  other  lupplie*  on  the  high  km,  i»  ■ufflcient  to  warrant  detention 
of  the  veM«l  until  iti  intention  can  be  investigated  in  the  following 

caiea: 

(fl)  When  a  belligerent  warship  i«  known  to  be  off  the  port  at 
which  the  merchant  vtaacl  ia  taking  on  cargo  suited  for  naval  sup- 
plies, or  when  there  is  a  strong  presumption  that  the  warship  is  off 
the  port. 

(b)  When  tli.'  merchant  vessel  is  of  the  nationality  of  the  bel- 
ligerent whose  warship  is  known  to  be  off  the  coast. 

(c)  When  a  merchant  vessel  which  has  on  a  previous  voyage  be- 
tween ports  of  the  United  States  and  ports  of  other  neutral  States 
failed  to  have  on  board  at  the  port  of  arrival  a  cargo  oonsfsting  of 
naval  supplies  shipped  at  the  port  of  departure  sceka  to  toke  on  board 
a  similar  cargo. 

(d)  When  coal  or  other  supplies  are  purchased  by  an  agent  of  a 
belligerent  Government  and  8hippe<l  on  board  a  merchant  vessel  which 
does  not  clear  for  a  port  of  the  beliigerc-nt  but  for  a  neighboring 
neutral  port. 

(c)  When  an  agent  of  a  belligerent  is  taken  on  board  a  merchant 
vessel  having  a  cargo  of  fuel  or  other  supplies  and  clearing  for  a 
neighboring  neutral  port. 

4.  The  fact  that  a  merchant  vessel,  which  is  laden  with  fuel  or 
other  naval  supplies;,  seeks  clearance  under  strong  suspicion  that  't 
is  the  intention  to  furnish  such  fuel  or  supplies  to  a  belligerent  war- 
ship, is  not  sufficient  ground  to  warrant  its  detention  if  the  case  is 
isolated  and  neither  the  vessel  nor  the  warship  for  which  the  supplies 
are  presumably  intended  has  previously  taken  on  board  similar  sup- 
plies since  the  war  began  or  within  three  months  during  the  period  of 
the  war. 

5.  The  essential  idea  of  neutral  territory  becoming  the  base  for 
naval  operations  by  a  belligerent  is  repeated  departure  from  such 
territory  by  a  naval  tender  of  the  belligerent  or  by  a  merchant  vessel 
in  belligerent  service  which  is  laden  with  fuel  or  other  naval  supplies. 

6.  A  merchant  vessel,  laden  with  naval  supplies,  clearing  from  a 
port  of  the  United  States  for  the  port  of  another  neutral  nation,  which 
ar.'.ves  at  its  destination  and  there  discharges  its  cargo,  should  not 
be  detained  if,  on  a  second  voyage,  it  takes  on  board  another  cargd 
of  similar  nature. 

In  such  a  case  the  port  of  the  other  neutral  nation  may  be  a  base 
for  the  naval  operations  of  a  belligerent.  If  so  and  even  if  the  fact 
is  notorious,  this  Government  is  under  no  obligation  to  prevent  the 
shipment  of  naval  supplies  to  that  port.  Commerce  in  munitions  of 
war  between  neutral  nations  cannot  as  a  rule  be  a  basis  for  a  claim 
of  unneutral  conduct,  even  though  there  is  a  strong  presumption  or 
actual  knowledge  that  the  neutral  State,  in  whose  port  the  aupjilies 
are  discharged,  is  permitting  its  territory  to  be  used  as  a  base  of 
supply  for  belligerent  warships.  The  duty  of  preventing  an  unneu- 
tral act  rests  enti:  jly  upon  the  neutral  State  whose  territory  is  being 
used  as  such  a  base. 


140         DIPLOMATIC  COBBESPONDENCE  BETWEEN 

In  fact  this  principle  goes  further  in  that,  if  the  supplies  were 
tf^fiTf^  l^r  established  naval  base  in  the  territoS?oTu?dS 
J^JiTl°A  *  ^"'P'f°t.  tl»«  Government  would  not  be  obligatei 
by  Its  neutral  duty  to  limit  such  shipments  or  detain  or  othSt 
interfere  with  the  merchant  vessels  engaged  in  that  tJide  IS^I 
ntfhpA  «\"n"^*^  r*^  unneutral  conduct  when  the  supplier,  fur- 
ni  tlf?i„f«f  i'^r"*  T'^^'P;  are  furnished  directly  to  it  in  a  port 
of  the  neutral  or  through  naval  tenders  or  merchant  vessels  actinkas 
tenders  departing  from  such  port.  ^ 

nf  J-   T^VT? °'°^J"'?P°*'*'°°^  ^°  °°*  "PP'y  to  'umishing  munitions 
of  war  included  in  absolute  contraband,  since  in  no  event  Mn  a  bellie- 

S/it'^'P  ^^''^  ^"I^  ^""f"^  munitions  in  neutral  waters,  nor 
tZtoLt  P«™f"ed  to  do  so  indirectly  by  means  of  naval  teiidera 
or  merchant  vessels  acting  as  such  tenders. 
Department  of  State, 
September  19,  1914. 


I 

■ 
1 


,1 

i  ; 
lltip 

liij 


The  German  Ambassador  to  the  Secretary  of  State. 
[Translation.] 

Imperial  German  Embassy, 
iiT„   o  «  Washington,  D.  C,  October  21,  1914. 

Mr.  Secretary  op  State:  ' 

I  am  told  that  the  tug  F.  B.  Dahell  at  11  p.  m.  in  the  nicht  of 
September  3I-October  1,  put  to  sea  from  Pie?  6  East  Biver  New 
York,  to  carrj'  provisions  to  the  British  cruiser  Essex.  The  'Essex 
was  lying  about  five  nautical  miles  off  Gedney  Channel,  two  nautical 
miles  southeast  of  Scotland  Lightship.  As  she  came  out  of  Gwiney 
Channel  the  tug  is  said  to  have  come  under  the  searchlight  of  the 
American  warship  Florida  that  was  lying  in  front  of  the  channel. 
Ihe  provisions,  about  forty  tons  of  fresh  meats  wrapped  in  cloth 
were  taken  from  the  tug  in  boats  that  had  been  sent  from  the  war 
vessel.  The  tug  then  returned  to  New  York  where  it  arrived  at 
daybreak. 

The  tu<?  G.  H.  Dahell  which  belongs  to  the  same  line,  went  on  a 
similar  errand  m  the  night  of  October  1-2.  That  tug  also  left  from 
Jrier  6  hast  River. 

I  have  tl;o  honor  to  bring  the  foregoing  to  Your  Excellency'a 
toowledge  with  a  request  that  you  will  kindly  set  on  foot  an  investi- 
^tion  of  the  case  and  ascertain  whether  it  constitutes  a  violation  of 
the  neutrality  laws. 

^'^'^^Pt-  etc.,  J.  Bernstoefp. 


II 


THE  UNITED  STATES  AND  GERMANY 


141 


The  Counselor  of  the  Department  of  State  to  the  Oerman  Ambassador. 

Departuent  of  State, 
Washington,  November  7,  1914. 

Mt  deab  Mb.  Ambassador: 

Referring  to  my  previous  communication  to  you  of  October  30  * 
regarding  the  internment  of  the  German  cruiser  Geier,  the  Depart- 
ment is  now  in  possession  of  information  that  the  German  steamship 
Locksun,  belonging  to  the  Norddeutscher  Lloyd  Company,  cleared 
August  16,  1914,  from  Manila  with  3,215  tons  of  coal  for  Menado, 
in  the  Celebes;  that  she  coaled  the  German  warship  Geier  in  the 
course  of  her  voyage  toward  Honolulu,  where  she  arrived  soon  after 
the  Geier;  that  the  Locksun  received  coal  by  transfer  from  another 
vessel  somewhere  between  Manila  and  Honolulu,  and  that  the  captain 
stated  that  he  had  on  board  245  or  250  tons  of  coa-  when  he  entered 
Honolulu,  whereas  investigation  showed  that  be  had  on  board  approxi- 
mately 1,600  tons. 

From  these  facts  the  Department  is  of  the  opinion  that  the  opera- 
tions of  the  Locksun  constitute  her  a  tender  to  the  Geier,  and  that 
she  may  be  reasonably  so  considered  at  the  present  time.  This  Gov- 
ernment is,  therefore,  under  the  necessity  of  according  the  Locksun 
the  same  treatment  as  the  Geier,  and  has  taken  steps  to  have  the 
vessel  interned  at  Honolulu  if  she  does  not  leave  immediately. 

I  am,  etc.,  Robert  Lansing. 


The  German  Ambassador  to  the  Counselor  of  the  Department  of  State. 

German  Embassy, 
Washington,  November  11,  1914. 
Mt  dear  Mb.  Lansing: 

I  beg  to  acknowledge  receipt  of  your  letter  of  7th  instant  inform- 
ing me  that  the  German  steamer  Locksun,  belonging  to  the  Nord- 
deutscher Lloyd,  now  at  Honolulu,  is  considered  by  the  United  States 
Government  as  being  a  tender  to  H.  M.  S.  Geier  and  would  therefore 
be  interned  at  Honolulu  if  she  did  not  leave  immediately. 

In  reply  to  this  communication  I  beg  you  to  kindly  let  me  know  on 
which  rule  or  regulation  the  detention  of  the  Locksun  is  to  be  based. 

The  Locksun  cannot  be  considered  as  a  man-of-war,  not  even  an 
auxiliary  ship,  but  is  a  simple  merchant  ship.    As  to  the  alleged 

'  Printed,  infra,  p.  156,  under  section  regarding  internment  of  the  Ofitr. 


J- 


.1; 


.i 


142         DIPLOIIATIC  CORRESPONDENCE  BETWEEN 

coaling  of  H.  M.  S.  Geier  from  the  Locksun  the  neutrality  regulations 
of  the  United  States  only  provide  that  a  vessel  can  be  prevented  from 
taking  coal  to  a  warship  for  a  period  of  three  months  after  having 
left  an  American  port.  As  the  Locksun  lefc  the  last  American  port 
(Manila)  on  August  16  she  ought  to  be  free  on  November  16. 

I  am,  etc.,  j,  Bernstorff. 


The  Counselor  of  the  Department  to  the  German  Ambassador. 

Department  of  State, 
Washington,  November  16,  1914. 
My  dear  Mr.  Ambassador: 

In  reply  to  your  note  of  the  11th  instant,  inquiring  on  which  rule 
or  regulation  the  internment  of  the  German  ship  Locksun  is  based, 
I  would  advise  you  that  the  Locksun  has  been  interned  on  the  prin- 
ciple that  she  has  been  acting  as  a  tender  to  the  German  warship 
Geier,  as  the  facts  set  forth  in  my  note  of  the  7th  instant  substan- 
tiate. If,  under  the  circumstances,  the  Locksun  has  been  in  fact  a 
tender  to  the  Geier,  the  question  involved  does  not  relate  to  the 
amount  of  coal  which  either  the  Locksun  or  the  Geier  has  taken  on 
within  three  months,  but  rather  relates  to  the  association  and  coopera- 
tion of  the  two  vessels  in  belligerent  operations.  The  Locksun,  having 
been  shown  to  have  taken  the  part  of  a  supply  ship  for  the  Geier,  is, 
in  the  opinion  of  this  Government,  stamped  with  the  belligerent  char- 
acter of  that  vessel,  and  has  really  become  a  part  of  her  equipment. 
In  this  situation  it  is  difficult  to  understand  on  what  basis  it  would 
have  been  possible  to  distinguish  between  the  two  vessels,  so  as  to 
intern  the  one  and  not  the  other.  This  Government,  therefore,  has 
taken  what  appears  to  it  to  be  the  only  reasonable  course,  under  the 
circumstances,  and  directed  that  both  vessels  be  interned. 

I  am,  etc.,  Robert  Lansino. 


The  German  Ambassador  to  the  Secretary  of  State. 

[Translation.] 

German  Embassy, 
Washington,  November  21,  1914. 
Mr.  Secretary  op  State: 

In  reply  to  Your  Excellency's  kind  note  of  the  12th  instant  and 
with  reference  to  Under  Secretary  of  State  Lansing's  letter  of  the 


m 


THE  UNITED  STATES  AND  GERMANY 


143 


16th  instant,  both  about  the  internment  of  the  German  steamship 
Locksun  at  Honolulu,  I  have  the  honor  to  say  the  following : 

Under  Secretary  of  State  Lansing  informed  me  in  his  above- 
mentioned  letter  of  the  16th  instant  that  the  S.  S.  Locksun  had  been 
interned  because  she  had  served  as  a  tender  to  H.  M.  S.  Geier,  had 
thereby  assumed  the  character  of  a  belligerent  and  was  to  be  con- 
sidered as  part  of  the  equipment  of  a  war  vessel.  To  this  I  wish  to 
say  that  there  is,  'so  far  as  I  know,  no  international  law  or  stipu- 
lation in  existence  which  imparts  the  character  of  a  warcraft,  i.e., 
of  a  "part  of  a  warship"  to  a  tender  on  account  of  her  accompany- 
ing a  warship.  The  situation  in  times  of  peace  also  nroves  this. 
Where  there  is  a  likelihood  of  the  warship  being  unable  safely  to  get 
along  on  her  own  resources,  there  is  the  necessity  of  sending  tenders 
along.  This  is  rather  often  done  in  times  of  peace  without  causing 
such  tenders  to  be  considered  and  treated  on  that  account  as  "parts 
of  the  warship  concerned,"  or  in  the  light  of  international  law  even 
as  warships. 

Granting,  however,  that  such  vessel  could  actually  be  considered 
as  "part  of  a  warship,"  then  there  could  be  no  doubt  that  its  part 
as  a  coaling  and  supply  ship  would  come  to  an  end  at  the  very 
moment  the  warship  is  interned  and  she  would  then  cease  to  be  "  part 
of  a  warship." 

Besides,  if  it  be  enough,  as  stated  in  the  above  referred  to  note 
of  the  16th  instant,  to  stamp  a  steamer  as  a  warcraft  that  she  did 
supply  a  war  vessel  with  coals  or  provisions,  then  the  steamship 
Locksun's  case  in  nowise  differs  from  that  of  the  tug  F.  B.  Dahell, 
which,  as  I  had  the  honor  to  inform  Your  E.xcellency  by  my  note 
of  the  21st  ultimo,  carried  victuals  and  information  to  the  English 
warship  Essex  from  the  port  of  New  York. 

Accept,  etc..  J.  Bernstorpf. 


The  Acting  Secretary  of  State  to  the  German  Ambassador. 

Department  of  State, 
Washington,  November  23,  1914. 
Excellency  : 

Referring  to  your  note  of  the  21st  ultimo,  stating  that  your  Em- 
bassy was  in  receipt  of  information  to  the  effect  that,  on  the  night 
of  September  30  last,  the  tug  F.  B.  Dalzcll  put  to  sea  from  Pier  6, 
East  River,  New  York,  to  carry  provisions  to  the  British  cruiser 
Essex,  which  was  lying  off  Gedney  Channel ;  that  as  she  came  out  of 
Gedney  Channel  the  tug  came  under  the  searchlights  of  the  U.  S.  S. 
Florida;  that  the  provisions  were  taken  from  the  tug  in  boats  sent 
from  the  Essex;  and  that  the  tug  G.  H.  Dahell  went  on  a  similar 


II 


'm 


144        DIPLOMATIC  COBBESPONDENCE  BETWEEN 

errand  on  the  night  of  October  1,  I  have  the  honor  to  inform  yon 
that  the  Government  of  the  United  States  has  had  the  matter  thor- 
oughly investigated  and  has  not  been  able  to  find  as  yet  sufficient 
evidence  showing  that  the  tag  F.  B.  DaUell  has  furnished  supplies 
to  British  warships.  If  Your  Excellency  can  supply  any  evidence 
bearing  on  the  matter,  the  Department  will  be  glad  to  have  a  further 
investigation  made  on  the  basis  of  the  new  information. 

Accept,  etc.,  Bobert  Lansing. 


The  Secretary  of  State  to  the  Oerman  Ambatsador. 

Department  of  State, 
Washington,  December  11,  1914. 
Excellency : 

I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the 
2l8t  ultimo  in  regard  to  the  internment  of  the  German  steamship 
Locksun  at  Honolulu. 

In  reply  I  have  the  honor  to  call  your  attention  to  the  expression 
"part  of  a  warship,"  which  occurs  throughout  your  note.  I  do  not 
understand  from  what  source  this  compression  is  derived,  as  I  do  not 
find  it  in  the  correspondence  of  the  Department  to  you  on  this  snb- 
jer  In  my  note  to  you  of  the  16th  ultimo  it  was  stated  that  the 
Li  ■\ksi  1,  having  been  shown  to  have  taken  the  part  of  a  supply  ship 
for  tue  Geier,  is,  in  the  opinion  of  this  Government,  stamped  with  the 
belligerent  character  of  that  vessel,  and  has  really  become  part  of 
her  equipment.  This  of  course  does  not  state  that  she  is  a  "part  of 
a  warship."  A  tender  is  a  part  of  the  equipment  of  a  vessel  of  war 
in  the  sense  of  acting  as  an  auxiliary  to  such  a  vessel  in  the  matter 
of  carrj'ing  supplies  and  possibly  giving  other  assistance.  In  a  very 
real  sense  a  vessel  of  war  so  attended  may  be  considered  as  a  belliger- 
ent expedition  of  which  the  tender  is  a  part  of  the  equipment,  but 
to  put  a  tender  in  the  category  of  "part  of  a  warship"  is  to  suggest 
that  the  treatment  to  be  accorded  the  tender  shall  be  governed  by  the 
rules  of  contraband. 

In  the  circumstances  of  this  care,  as  known  by  the  Department, 
it  is  obliged  to  state  that  it  «t  •'heres  to  its  previous  position  that 
the  status  of  the  Locksun  a..  der  to  the  ship  of  war  Oeier  was 

sufficiently  proved  to  justify  her  treatment  as  such.  In  this  connec- 
tion the  Department  has  the  honor  to  call  to  your  attention  the  fol- 
lowing quotation  from  the  award  of  the  Alabama  Claims  Commis- 


THE  UNITED  STATES  AND  GERMANY 


145 


sion,  which  seems  to  establish  this  principle  regarding  the  treatment 
of  tenders,  although  the  application  of  this  statement  was  not  made 
to  the  exact  circumstances  of  the  Locksun  case : 

And  so  far  as  relates  to  the  vessels  called  the  Tuscaloosa  (tender 
to  the  Alabama),  the  Clarence,  the  Tacony,  and  the  Archer  (tenders 
to  the  Florida),  the  tribunal  is  unanimously  of  opinion  that  such 
tenders  or  auxiliary  vessels,  being  properly  regarded  as  accessories, 
must  necessarily  follow  the  lot  of  their  principals  and  be  submitted 
to  the  same  decision  which  applies  to  them  respectively. 

The  entire  practice  of  the  internment  of  vessels  appears  to  be  of 
recent  orig:in.  The  doctrine  of  internment  was  appaiently  first  applied 
to  any  great  extent  during  the  Russo-Japanese  war,  and  it  is  believed 
that  the  treatment  of  the  Locksun  is  in  keeping  with  the  high  stand- 
ard of  neutrality  upon  which  the  doctrine  of  internment  is  based. 
The  Department  is  not  aware  that  measures  to  preserve  neutrality 
are  entirely  dictated  by  precedent  and  international  law,  and  it  be- 
lieves that  belligerents  hardly  have  proper  cause  to  question  an  atti- 
tude on  neutrality  justly  in  advance  of  precedent  and  international 
law  if  it  is  applied  by  the  neutral  impartially  to  all  belligerents. 
As  to  the  advisability  of  assuming  such  an  attitude,  the  Department 
is  impressid  with  the  proposition  that  the  neutral  and  not  the  belliger- 
ent is  the  proper  judge  in  the  circumstances. 

You  refer  to  the  case  of  the  tug  F.  B.  Dalzell,  which  you  state 
carried  supplies  and  information  to  the  English  warship  Exscjc  from 
the  port  of  New  York,  and  suggest  that  this  case  in  no  wise  differs 
from  that  of  the  steamship  Locksun.  In  reply  I  have  the  honor  to 
inform  you  that  the  result  of  this  Government's  investigation  is  to 
the  effect  that  the  tug  Dalzell  did  not  as  a  fact  carry  supplies  and 
information  to  any  British  warship  from  the  port  of  New  York. 
If,  however,  Your  Excellency  is  in  possession  of  facts  showing  the 
contrary,  the  Government  will  be  glad  to  be  furnished  with  such 
data  in  order  that  it  may  renew  its  investigation  and  establish  the 
truth  in  regard  to  the  tug  Dalzell,  whether  or  not  it  agrees  with  the 
present  finding  of  the  Government.  It  will  be  recalled,  however, 
that  the  tug  Dalzell  is  an  American  vessel  and  therefore  is  not  sub- 
ject to  internment  as  that  term  is  understood  in  international  law. 
Tnis  circumstance  is  not  regarded,  however,  as  relieving  the  Govern- 
ment from  the  duty  of  preventing  the  use  of  American  ports  as  bases 
of  naval  operations  as  required  by  the  provisions  of  Hague  Conven- 
tion No.  13,  of  1907. 

Accept,  etc.,  W.  J.  Bryan. 


HP 


V 


146         DIPLOMATIC  COEEESPONDENCE  BETWEEN 

The  Oerman  Ambassador  to  the  Secretary  of  State, 

[Translation.] 

Imperial  Oerman  Embassy, 
Washington,  December  15,  1914. 
Mr.  Secretary  op  State: 

The  position  taken  by  the  Oovernment  of  the  United  States  as 
to  the  delivery  of  coal  and  other  necessaries  to  warships  of  the  bellig- 
erent states  constituting  a  violation  of  neutrality  is,  in  the  opinion 
of  the  Imperial  German  Government,  untenable  in  international  law. 
The  Imperial  Government  has  set  forth  its  position  on  this  point  in  a 
memorandum  which,  in  compliance  with  instructions,  I  have  the  honor 
to  forward  to  Your  Excellency. 

The  Imperial  Government  indulges  the  hope  that  the  Govem> 
ment  of  the  United  States,  upon  perusal  of  the  memorandum,  will 
concur  in  the  view  of  the  Imperial  Government  and,  within  the  limits 
drawn  in  the  memorandum,  will  grant  free  clearance  to  vessels  that 
should  supply  German  warships  with  coal.  I  should  be  thankful  to 
Your  Excellency  for  a  communication  in  this  respect. 

Accept,  etc.,  J.  BERNSTORrp. 


ll^llh 


''if- 


ft- 


[Inclosure — Translation.  ] 
memorandum. 

Under  the  general  principles  of  international  law  no  exception 
can  be  taken  to  neutral  states  letting  war  material  go  to  Germany's 
enemies  from  or  through  their  territory.  This  is  accordant  with 
Article  7  of  The  Hague  Conventions  of  October  18,  1907,  concerning 
th»  rights  and  duties  of  neutrals  in  naval  and  land  war.  If,  how- 
ever, a  state  avails  itself  of  that  liberty  in  favor  of  her  enemies,  then 
it  must,  in  accordance  with  a  rule  generally  accepted  in  international 
law  and  confirmed  in  Article  9  of  the  two  Conventions  above  cited, 
place  no  obstacle  to  the  German  military  force  ordering  contraband 
from  or  through  its  territory. 

The  neutrality  declaration  of  the  United  States  takes  this  con- 
struction into  full  account  when  it  allows  contraband  of  war  to  be 
delivered  equally  to  all  belligerents. 

"All  persons  may  lawfully  and  without  restriction  by  reason  of 
the  aforesaid  state  of  war  manufacture  and  sell  within  the  United 
States  arms  and  ammunitions  of  war  and  other  articles  ordinarily 
known  as  contraban'  of  war." 

The  public  declaratln  of  the  State  Department  of  the  United 
States  of  October  15,  1914,  on  the  subject  of  neutrality  and  contra- 
band, gave  the  widest  acceptation  to  the  above-stated  principle. 

In  spite  thereof,  various  American  port  authorities  have  denied 
clearance  from  American  ports  to  vessels  of  the  merchant  marine 
which  would  carry  needed  supplies  or  fuel  to  German  warships  either 
on  the  high  seas  or  in  other  neutral  ports. 


THE  UNITED  STATES  AND  GERMANY 


147 


-i 

i 


According  to  the  principles  of  international  law  above  cited  a 
neutral  State  need  not  prevent  furnishing  supplies  of  this  character; 
neither  can  it,  after  allowing  the  adversaries  to  be  furnished  with 
contraband,  either  detain  or  in  any  way  disable  a  merchant  ship 
carrying  such  a  cargo.  Only  when  contraband  trade  would  turn 
the  ports  into  bases  of  German  military  operations  would  the 
unilateral  stoppage  of  the  trade  of  those  vessels  become  a  duty.  Stich, 
perhaps,  would  be  the  case  if  the  Germans  kept  coal  depots  in  the 
ports  or  if  the  vessels  called  at  the  port  in  regular  voyages  on  the 
way  to  German  naval  forces.  But  it  stands  to  reason  that  one  mer- 
chant vessel  occasionally  sailing  with  coal  or  supplies  for  German 
warships  does  not  turn  a  neutral  port  into  a  German  point  of  support 
contrary  to  neutrality. 

Our  enemies  draw  from  the  United  States  contraband  of  war, 
especially  arms,  worth  several  billions  of  marks.  This  in  itself  they 
are  authorized  to  do.  But  if  the  United  States  will  prevent  our 
warships  occasionally  drawing  supplies  from  its  ports,  a  great  injus- 
tice grows  out  of  the  authorization,  for  it  would  amount  to  an  un- 
equal treatment  of  the  belligerents  and  constitute  a  breach  of  the 
generally  accepted  rules  of  neutrality  to  Germany's  detriment. 


The  German  Ambassador  to  the  Counselor  of  the  Department  of 

State. 

German  Embassy, 
Washington,  December  21,  1914. 
Mt  dear  Mr.  Lansino: 

I  learn  that  the  British  S.  S.  Mallina  and  Tremeadow.  who  served 
as  tenders  to  British  cruisers,  now  demand  to  be  allowed  to  coal  in 
Panama  and  to  leave  for  Australia,  alleging  that  they  have  ceased 
to  be  tenders  of  British  warships. 

I  beg  to  draw  your  attention  to  the  fact  that,  as  far  as  can  be  seen 
from  here,  their  case,  in  the  principal  points,  is  identical  with  the  case 
of  the  German  S.  S.  Locksun. 

I  am,  etc.,  j.  Bernstobff. 


The  Counselor  of  the  Department  of  State  to  the  German 
Ambassador. 

Dep,vrtment  op  State, 
Washington,  December  23,  1914. 
Mt  dear  Mr.  Ambassador: 

In  reply  to  your  note  of  the  21st  instant,  with  reference  to  the 
British  S.  S.  Mallina  and  Tremeadou;  which  you  state  have  sened 
as  tenders  to  British  cruisers,  and  are  demanding  coal  in  the  Panama 


if! 


'U 


148        DIPLOMATIC  C0ERE8P0NDENCE  BETWEEN 

Canal  Zone,  I  would  adviae  you  that  theae  veasels  have  been  con- 
sidered by  the  Canal  authorities  as  coming  under  Rule  2  of  the 
President's  proclamation  of  November  13  last  in  relation  to  the 
neutrality  of  the  Panama  Canal  Zone,  which  accords  to  transports  or 
fleet  auxiliaries  the  same  treatment  as  that  given  to  belligerent  vessels 
of  war. 

^  ""'  «t<^'  Robert  Lansing. 


^      IM 


'I 


it  I  '\ 


The  Secretary  of  State  to  the  Ocrman  Ambatiodor. 

Department  of  State, 
Washington,  December  24,  1914. 
Excellency  : 

I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the 
15th  instant  inclosing,  by  direction  of  your  Government,  a  copy  of 
a  memorandum  of  the  Imperial  Government  on  the  subject  of  the 
delivery  of  coal  and  other  necessaries  to  warships  of  belligerent  States. 
In  the  course  of  the  memorandum  your  Government  takes  the  oppor- 
tunity to  set  forth  its  attitude  toward  traffic  in  contraband  of  war 
by  citizens  of  neutral  countries.     I  take  note,   therefore,   of  your 
Government's  statement  that  "under  the  general  principles  of  inter- 
national law  no  exception  can  be  taken  to  neutral  States  letting  war 
material  go  to  Germany's  enemies  from  or  through  neutral  territoiy," 
and  that  the  adversaries  of  Germany  in  the  present  war  are,  in  the 
opinion  of  the  Imperial  Government,  authorized  to  "draw  from  the 
United   States   contraband   of  war,   especially  arms,   worth   several 
billions  of  marks."    These  principles,  as  you  state,  have  been  accepted 
by  the  United   States  Government  in  the  statement  issued  by  the 
Department  on  October  15  last,  entitled  "Neutrality  and  Trade  in 
Contraband."    Acting  in  conformity  with  propositions  there  set  forth 
this  Government  has  itself  taken  no  part  in  contraband  traffic  and 
so  far  as  possible  has  lent  its  influence  toward  equal  treatment  for 
all  belligerents  in  the  matter  of  purchasing  arms  and  ammunition 
in  the  United  States.     Complaint,  however,  appears  to  be  made  by 
the  Imperial  German  Government  of  the   refusal  of  clearance  by 
American  authorities  to  merchant  vessels  intending  to  furnish  fuel 
and  supplies  to  German  warships  on  the  high  seas  or  in  neutral  ports. 
In  reply  I  desire  to  call  to  your  attention  that  the  Government  is 
not  aware  that  any  merchant  vessel  has  been  refused  a  clearance  on 


THE  UNITED  STATES  AND  GERMANY 


149 


thcM  grounds  daring  the  present  war,  although  certain  temporary 
detentions  have  been  found  to  be  necessary  for  the  purpose  of  inves- 
tigating the  bona  fides  of  the  alleged  destinations  of  particular  vessels 
and  the  intentions  of  their  owners  or  masters.  This  has  been  done 
in  an  effort  to  carry  out  the  principles  of  international  law  and  the 
declaration  of  treaties  with  respect  to  coal  supplies  for  belligerent 
warships  and  the  use  of  neutral  ports  as  bases  of  naval  operations. 
Although  as  a  rule  there  is  on  the  part  of  the  nationals  of  neutral 
countries  entire  freedom  of  trade  in  arms,  ammunition,  and  other 
articles  of  contraband,  nevertheless  the  Imperial  German  Government 
will  recall  that  international  law  and  the  treaties  declaratory  of  its 
principles  make  a  clear  distinction  between  ordinary  commerce  in 
contraband  of  war  and  the  occasional  furnishing  of  warships  at  sea 
or  in  neutral  ports.  In  this  relation  I  venture  to  advert  to  Articles 
18  to  20,  inclusive,  of  Hague  Convention  No.  13,  1907.  Prom  these 
articles  it  will  be  observed  that  a  warship  which  has  received  fuel 
in  a  port  belonging  to  a  neutral  power  may  not  within  the  suc- 
ceeding three  months  replenish  her  supply  in  a  port  of  the  same 
power.  It  is,  I  am  sure,  only  necessary  to  call  your  attention  to 
these  articles  to  make  it  perfectly  clear  that  if  a  number  of  merchant 
vessels  may  at  short  intervals  leave  neutral  ports  with  cargoes  of 
coal  for  transshipment  to  belligerent  warships  at  sea,  regardless  of 
when  the  warships  last  received  fuel  in  the  ports  of  the  same  neutral 
power,  the  conventional  prohibition  would  be  nullified,  and  the  three 
months'  rule  rendered  useless.  By  such  practice  a  warship  might 
remain  on  its  station  engaged  in  belligerent  operations  without  the 
inconvenience  of  repairing  to  port  for  fuel  supplies. 

Furthermore,  Article  5,  of  the  same  Convention,  forbids  belliger- 
ents to  use  neutral  ports  and  waters  as  a  base  of  naval  operations 
against  their  adversaries.  As  stated  in  the  Department's  statement 
on  "Merchant  Vessels  Suspected  of  Carrj-ing  Supplies  to  Belligerent 
Vessels,"  dated  September  19  last  (a  copy  of  which  is  inclosed ),i 
the  essential  idea  of  neutral  territory  becoming  the  base  for  navel 
operations  by  a  belligerent  is  in  the  opinion  of  this  Government 
repeated  departure  from  such  territory  of  merchant  vessels  laden 
with  fuel  or  other  supplies  for  belligerent  warships  at  sea.  In  order 
to  ascertain  the  vessels  which  are  thus  operating,  the  Government 
has  been  obliged  to  investigate  certain  cases  in  order  that  it  might 
determine  whether  there  have  been  or  are  about  to  be  repetitions  of 
such  acts.    But  in  all  respects  equality  of  treatment  has  been  observed 

'  See  aupra,  p.  133. 


llfi 


I  <:  I  i 


Hi- 


1|-  i.; 


160         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

toward  all  merchant  vcsaeli  niipected  of  carrying  (upplin  to  MHge r- 
«nt  Teiaela. 

It  is  hardly  necemry  to  recount  in  this  note  the  provisions  of 
The  Hague  Conventions  in  regard  to  the  fitting  out  or  arming  of 
yenels  within  the  jurisdiction  of  a  neutral  power,  or  the  stipulations 
in  the  same  Conventions  regarding  the  departure  of  vessels  intended 
to  cruise  or  engage  in  hostile  operations  which  have  been  adopted 
entirely,  or  in  part,  for  such  use  within  neutral  jurisdiction.  To  the 
extent  of  these  restrictions  the  furnishing  of  munitions  of  war  in- 
cluded in  absolute  contraband  is  prohibited  in  neutral  waters,  and 
therefore  should  not  be  parmitted  indirectly  by  means  of  naval 
tenders,  or  merchant  vessels  acting  as  tenders,  carrying  such  mate- 
rials from  a  neutral  jurisdiction  to  belligerent  warships  at  sea. 

It  is  not  necessary  in  further  reply  to  the  memorandum  of  the 
Imperial  German  Government  to  advert  in  detail  to  other  provisions 
of  The  Hague  Conventions  or  to  other  rules  of  international  law, 
for  no  particular  cases  have  been  adduced  as  a  ground  for  your 
Government's  complaint.    If,  however,  they  will  specify  the  vessels 
which  they  must  have  in  mind  as  having  been  accorded  unequal  treat- 
ment,  the  Department  will  be  glad  to  give  further  consideration  to 
the  memorandum  of  your  Government  in  the  light  of  actual  facts. 
It  is  then  suf3cient  to  say  for  the  present  that  in  the  pursuance  of 
the  policy  to  carry  out  the  principles  above  referred  to,  which  is 
part  of  the  program  of  this  Government  to  preserve  and  maintain 
the  neutrality  of  the  United  States,  all  merchant  vessels  suspected 
of  carrying  supplies  to  belligerent  warships  at  sea  have  been  sub- 
jected, and  will  continue  to  be  subjected,  to  unremitting  and  pains- 
taking  investigation.     Such  action  cannot,  it  is  believed,  be  fairly 
taken  to  amount  to  "unequal  treatment  of  the  belligerents  and  con- 
stitute a  brep'.h  of  the  generally  accepted  rules  of  neutrality  to  Ger- 
many's detriment." 

Accept,  etc.,  -^,  j.  b^yan. 


THE  UNITED  STATES  AND  QERMANT 
Part  VII. 


151 


OERMAN-AMERICAN    TRADE    AND    THE    EXPORTATION 
OP   ARMS   AND   MUNITIONS. 


The  Oerman  Amhassador  to  the  Secretary  of  State, 

[Translation.] 

Imperial  German  Emdasst, 
Washington,  April  4,  1915. 
Mr.  Secretary  op  State: 

I  have  the  honor  to  deliver  to  Your  Excellency  the  inclosed  mem- 
orandum on  Qerman-American  trade  and  the  question  of  delivery  of 
arms. 

Accept,  etc.,  J.  BEPNSTORrr. 


[Inclosure — Translation.] 

uehor.\ndum. 

Imperial  German  Embasst, 
Washington,  D.  C,  April  4,  1915. 

The  various  British  Orders  in  Council  have  one-sidedly  modi^od 
the  generally  recognized  principles  of  international  law  in 
which  arbitrarily  stops  the  commerce  of  neutral  nations  with 
many.  Even  before  the  last  British  Order  in  Council,  the  shipn.. it 
of  conditional  contraband,  especially  food  supplies,  to  Germany  was 
practically  impossible.  Prior  to  the  protest  sent  by  the  American 
to  the  British  Government  on  December  28  last,  such  a  shipment  did 
not  actually  take  place  in  a  single  case.  Even  after  this  protest  the 
Imperial  Embassy  knows  of  only  a  single  case  in  which  an  American 
shipper  has  ventured  to  make  such  a  shipment  for  the  purpose  of 
legitimate  sale  to  Germany.  Both  ship  and  cargo  were  immediately 
seized  by  the  English  and  are  being  held  in  an  English  port  under 
the  pretext  of  an  order  of  the  German  Federal  Council  ( Bundesrat) 
regarding  the  grain  trade,  although  this  resolution  of  the  Federal 
Council  relates  exclusively  to  grain  and  flour,  and  not  to  other  food- 
stuffs,  besides  making  an  express  exception  with  respect  to  imported 
foodstuffs,  and  although  the  German  Government  gave  the  American 
Government  an  assurance,  and  proposed  a  special  organization 
whereby  the  exclusive  consumption  by  the  civilian  population  is  abso- 
lutely guaranteed. 

Under  the  circumstances  the  seizure  of  the  American  ship  was 
inadmissible  according  to  recognized  principles  of  international  law. 
Nevertheless  the  United  States  Government  has  not  to  date  secured 


M 


*  I. 


f  - 


152         DIPLOMATIC  C0RRE8P0NDENCE  BETWEEN 

w-'r'orJIth/  !JL'.h '^  ""^  "!;»?•  •'"''  •""  ""♦■  •'»"  »  duration  of  the 
Oerman  ""'"*'»'•  "ix-fwded  m  protecting  ita  lawful  trade  with 

Unwn*'«  '"I?  **1*^''  ?'P'''''»"y  in  ">«»»«'"  of  food  aupply,  is  equiva. 
lent  to  an  entire  denial.  m""— 

«i».J*"'n '"'^"''  ^''"^'"fy  »"•»  therefore  awume  that  the  United 

by  On.S°BrSS°    ""*"*'*'"  "'  ^""^  violationa  of  international  law 

Then  there  is  also  the  attitude  of  the  United  States  in  the  Question 

1*  nn'irrlf/'r  °k  """'•    '^^'  ^'"P^"'''  O^'vernment  feels  sJreffi 
J.IWV  ^*  ^*'*''''  Government  will  agree  thnt  in  queationa  of  neu- 
trality It  18  neceaaary  to  take  into  oonsiderntion  not  only  the  formal 

?feTout         '""•  ^^'  ""'"*  '"  **'"-'''  **•"  "''"tralhy  iaT«. 

„- J'^Vh*"'!'""  '"  *'"'  P*"*^"*  ^■^  '"fl^^"  '«•«'"  that  of  any  previous 
war.     Therefore  any  reference  to  arms  furnished  by  Germany  in 

wnS".""!,^^''''*^',?'";  *'«*"  "^  ^^•»''  "°t  "  question  wSfcir 
r,.nnr  f7n  "''°"';'  V«  "upplicd  to  the  belligerents,  but  m-Ao  should 
supply  It  m  competition  with  other  nations.  In  the  present  war  all 
nations  having  a  wtir  material  industry  worth  mentioning  are  either 
involved  in  the  war  themselves  or  are  engaged  in  perfecting  he!J 
own  armaments.  an.I  have  therefore  laid  an  embargo  against  tho 
e.xportat,on  of  war  material.  The  United  States  is  accordingly  Z 
only  neutral  country  in  a  position  to  furnish  war  materials     The 

Pn^MTk"*"'"*,"''*^  i'  '^''''^y  «'''■'''  «  "^«^  purport.  Sepend! 
ently  of  the  formal  question  of  hitherto  existing  law     In  contradic- 

!^"in  r.'*?;^*''',^"'*'*^  ^'T  i^»'»i'<^i"P  "P  «  powerful  arms  indus- 
try m  the  broadest  sense,  the  existing  plants  not  only  being  worked 
but  enlarged  by  all  available  means,  and  new  oiias  built  The  inter- 
national conventions  for  the  protection  of  the  rights  of  neutral  nations 
doubtless  sprang  from  the  necessity  of  protecting  the  existing  indus- 

n'Jf  n^JT"^  ""^'°"''  "'  ^"i:  "•"'  P°*'"^'''  ^'•«'"  '''J»'y  in  their  busi- 
iiesa.    jiut  it  can  in  no  event  be  in  accordance  with  the  spirit  of  true 

?lll^'^^  "'  ""^^^  *''''  protection  of  such  international  stipulations, 
.n  entirely  new  industry  is  created  in  a  neutral  State,  such  as  is  the 
de^elopment  of  the  arms  industry  in  the  United  St  tes,  the  business 
piwrr^  ^""^"^  conditions,  can  benefit  on.y  the  belligerenf 

r™nv'"''Ti!'^i'  ''"*"""/  d.':'^-^'-i"P  Po^d"  only  to  the  enemies  of 
(.erranny  The  theoretical  willingness  to  supplv  Germany  also  if 
shipments  thither  were  possible,  does  not  alter  the  case.  If  it  is  the 
7h.vLf}'^^tT""'urT^''  that  there  shall  be  a  true  neutrality, 
2  «r^n«  ^i  fl  ?''/■*'  ^f,'^  P^^'^P^  °f  preventing  this  one-sided  aupply 
of  arms  or  at  least  of  utilizing  ,t  to  protect  legitimate  trade  with  Ger- 
many   especially  that  ,n  foodstuff..    This  view  of  neutrality  should 

SJr  ITr/P^'"',  '"  ''1?  ^"'^•''^  ^'"f^  Government  because  the 
^tter  enacted  .,  similar  policy  toward  Mexico,    On  February  4.  1914 

r^.^r  •.'.?/  ^''^'P'-d'n?  to  a  statement  of  a  Representative  in 
Congress  in  the  Committee  for  Foreign  Affairs  of  December  30  1914 


THE  irNITED  STATES  ANIJ  GERMANY 


153 


upon  the  lifting  of  the  embarKO  on  arms  to  Mexiro,  det-lared  that 
"we  should  stand  for  genuine  neutrality,  (.-oniidering  the  Murrounding 
facts  of  the  caae  *  "  *"  He  then  hold  that  "  n  that  cane,  became 
Carrania  ba4l  no  ports,  while  Huerta  had  them  aud  was  able  to  import 
thest!  materials,  that  it  wa»  our  duty  an  ii  nation  to  treat  (Carranza 
and  Huerta)  upon  an  equality  if  we  vrishcd  to  observe  the  true  spirit 
of  neutrality  as  eomparetl  with  a  more  paper  neutrality. " 

If  this  view  were  applied  to  the  present  case,  it  would  lead  to  an 
embargo  on  the  exportation  of  arms. 


il 


The  Secretary  of  State  to  the  Oerman  Ambassador. 

Department  or  State, 
WashinytOH,  April  21,  1915. 
Excellency : 

I  have  given  thoughtful  consideration  to  Your  Excellency's  note 
of  the  4th  of  April,  19 15,  iucloHinfr  a  memorandum  of  the  same  date, 
in  which  Your  Excellency  diNcuMtiCH  the  action  of  this  Government 
with  regard  to  trade  between  the  United  States  and  Germany  and  the 
attitude  of  this  Government  with  regard  to  the  exportation  of  arms 
from  the  United  8ta..      '  the  nations  now  at  war  with  Germany. 

I  must  admit  that  I  i  .  somewhat  at  a  loss  how  to  interpret  Your 
Excellency's  treatment  of  thes»'  mstters.  There  are  many  circum- 
stances connected  with  these  important  subjects  to  which  I  would  have 
expected  Your  Excellency  to  advert,  but  of  which  you  make  no  men- 
tion, and  there  are  other  circumstances  to  which  you  do  refer  which 
I  would  have  supposed  to  be  hardly  appropriate  for  discussion  be- 
tween the  Government  of  the  United  States  and  the  Government  of 
Germany. 

I  shall  take  the  liberty,  therefore,  of  regarding  Your  Excellency's 
references  to  the  course  pursued  by  the  Government  of  the  United 
States  with  regard  to  interferences  with  trade  from  this  country, 
such  as  the  Government  of  Great  Britain  have  attempted,  as  intended 
merely  to  illustrate  more  fully  the  situation  to  which  you  desire  to 
call  our  attention  and  not  as  an  invitation  to  discuss  that  course. 
Your  Excellency's  long  experience  in  international  affairs  will  have 
suggested  to  you  that  the  relations  of  the  two  Governments  with  ono 
another  cannot  wisely  be  made  a  subject  of  discussion  with  a  third 
Government,  which  cannot  be  fully  informed  as  to  the  facts  and 
which  cannot  be  fully  cognizant  of  the  reasons  for  the  course  pur- 
sued.   I  believe,  however,  that  I  am  justified  in  assuming  that  what 


t  ■ 


Pj 


III 


154        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

you  desire  to  caU  forth  is  a  frank  statement  of  the  position  of  this 
Government  in  regard  to  its  obligations  as  a  neutral  power.  The 
general  attitude  and  course  of  policy  of  this  Government  in  the  main- 
tenance  of  its  neutrality  I  am  particularly  anxious  that  Your  Excel- 
lency should  see  in  their  true  light.  I  had  hoped  that  this  Govern- 
ment 8  position  in  these  respects  had  been  made  abundantly  clear 
but  I  am  of  course  perfectly  willing  to  state  it  again.  This  seems  to 
me  the  more  necessary  and  desirable  because,  I  regret  to  say  the 
language  which  Your  Excellency  employs  in  your  memorandum  is 
susceptible  of  being  construed  as  impugning  the  good  faith  of  the 
United  States  in  the  performance  of  its  duties  as  a  neutral.  I  take 
It  for  granted  that  no  such  implication  was  intended,  but  it  is  so 
evident  that  Your  Excellency  is  laboring  under  certain  false  impres- 
sioDs  that  I  cannot  be  too  explicit  in  setting  forth  the  facts  as  they 
are,  when  fully  reviewed  and  comprehended. 

In  the  first  place,  this  Government  has  at  no  time  and  in  no  man- 
ner yielded  any  one  of  its  rights  as  a  neutral  to  any  of  the  present 
belligerents.  It  has  acknowledged,  as  a  matter  of  course,  the  right 
of  visit  and  search  and  the  right  to  apply  the  rules  of  contraband  of 
war  to  articles  of  commerce.  It  has,  indeed,  insisted  upon  the  use 
of  visit  and  search  as  an  absolutely  necessary  safeguard  against  mis- 
taking neutral  vessels  for  vessels  owned  by  an  enemy  and  against 
mistaking  legal  cargoes  for  illegal.  It  has  admitted  also  the  right 
of  blockade  If  actually  exercised  and  effectively  maintained.  These 
are  merely  the  well-known  limitations  which  war  places  upon  neu- 
tral commerce  on  the  high  seas.  But  nothing  beyond  these  has  it 
conceded.  I  call  Your  Excellency's  attention  to  this,  notwithstand- 
ing  It  IS  already  known  to  all  the  world  as  a  consequence  of  the  publi- 
cation of  our  correspondence  in  regard  to  these  matters  with  several 
of  the  belligerent  nations,  because  I  cannot  assume  that  you  have 
official  cognizance  of  it. 

In  the  second  place,  this  Government  attempted  to  secure  from 
the  German  and  British  Governments  mutual  concessions  with  regard 
to  the  measures  those  Governments  respectivelv  adopted  for  the  inter- 
ruption of  trade  on  the  high  seas.  This  it  did.  not  of  right,  but 
merely  as  exercising  the  privileges  of  a  sincere  friend  of  both  parties 
and  as  indicating  its  impartial  good  will.  The  attemp^  was  unsuc- 
cessful ;  but  I  regret  that  Your  Excellency  did  not  deem  it  worthy 
of  mention  in  modification  of  the  imnressions  vou  expressed  We 
had  hoped  that  this  act  on  our  part  had  shown  our  spirit  in  these 
times  of  distressing  war  as  our  diplomatic  correspondence  had  shown 


THE  UNITED  STATES  AND  GERMANY 


155 


oar  steadfast  refasal  to  acknowledge  tbe  rig'ht  of  any  belligerent  to 
alter  the  accepted  rules  of  war  at  sea  in  so  far  as  they  affect  the 
rights  ard  interests  of  neutrals. 

In  the  third  place,  I  note  with  sincere  regret  that,  in  discussing 
the  sale  and  exportation  of  arms  by  citizens  of  tl  United  States  to 
the  enemies  of  Germany,  Your  Excellency  seems  to  be  under  the 
impression  that  it  was  within  the  choice  of  the  Government  of  the 
United  States,  notwithstanding  its  professed  neutrality  and  its  dili- 
gent efforts  to  maintain  it  in  other  particulars,  to  inhibit  this  trade, 
and  that  its  failure  to  do  so  manifested  an  unfair  attitude  toward 
Germany.  This  Government  holds,  es  I  believe  Your  Excellency  is 
aware,  and  as  it  is  constrained  to  hold  in  view  of  the  present  indis- 
putable doctrines  of  accepted  international  law,  that  any  change  in 
its  own  laws  of  neutrality  during  the  progress  of  a  war  which  would 
affect  unequally  the  relations  of  the  United  States  with  the  nations 
at  war  would  be  an  unjustifiable  departure  from  the  principle  of 
strict  neutrality  by  which  it  has  consistently  sought  to  direct  its 
actions,  and  I  respectfully  submit  that  none  of  the  circumstances 
urged  in  Your  Excellency's  memorandum  alters  the  principle  in- 
volved. The  placing  of  an  embargo  on  the  trade  in  arms  at  the 
present  time  would  constitute  such  a  change  and  be  a  direct  violation 
of  the  neutrality  of  the  United  States.  It  will,  I  feel  assured,  be 
clear  to  Your  Excellency  that,  holding  this  view  and  considering 
itself  in  honor  bound  by  it,  it  is  out  of  the  question  for  this  Govern- 
ment to  consider  such  a  course. 

I  hope  that  Your  Excellency  will  realize  the  spirit  in  which  I 
am  drafting  this  reply.  The  friendship  between  the  people  of  the 
United  States  and  the  people  of  Germany  is  so  warm  and  of  such 
long  standing,  the  ties  which  bind  them  to  one  another  in  amity  are 
so  many  and  so  strong,  that  this  Government  feels  under  a  special 
compulsion  to  speak  with  perfect  frankness  when  any  occasion  aris<:8 
which  seems  likeij'  to  create  any  misunderstanding,  however  slight  or 
temporary,  between  those  who  represent  the  Governments  of  the  two 
countries.  It  will  be  a  matter  of  gratification  to  me  if  I  have  re- 
moved from  Your  Excellency's  mind  any  misapprehension  you  may 
have  been  under  regarding  cither  the  policy  or  the  spirit  and  pur- 
poses of  the  Government  of  the  United  States.  Its  neutrality  is 
founded  upon  the  firm  basis  of  conscience  and  good  will. 

Accept,  etc.,  W.  J.  Betan. 


f.:' 


it 
It|. 


J         i 


156 


DIPLOMATIC  COERESPONDENCE  BETWEEN 

Part  VIII. 

INTERNMENT  OF  GERMAN  VESSELS.^ 


The  Counselor  of  the  Department  of  State  to  the  German 
Ambassador. 

Department  op  State, 
Washington,  October  30,  1914. 
Mr  DEAR  Mr.  Ambassador: 

The  Department  has  been  advised  that  the  German  gunboat  Oeier 
put  into  the  port  of  Honolulu,  and  on  October  15  the  captain  re- 
quested permission  to  make  repairs  to  render  the  vessel  seaworthy, 
and  estimated  the  time  for  this  work  to  be  one  week.  The  naval  con- 
structor of  the  United  States  at  the  port  of  Honolulu  examined  the 
vessel  on  October  20,  and  recommended  that  the  time  be  extended 
eight  days,  liom  October  20,  in  ord.  :•  to  place  the  boilers  in  a  sea- 
worthy condition.  On  October  27,  the  German  consul  at  that  port 
requested  from  eight  to  ten  days  additional  time  in  which  to  make 
repairs  to  steam  and  feed  piping  and  boilers  that  have  been  found 
to  be  in  a  leaking  condition.  Upon  a  further  examination,  the  United 
States  naval  constructor  reports  that  he  is  unable  to  state  how  long 
repairs  should  take,  as  conditions  requiring  remedy  may  be  found  as 
work  progresses.  It  is  also  reported  that,  on  account  of  the  gener- 
ally bad  condition  of  the  piping  and  boilers,  further  time  may  be 
required  to  complete  all  repairs. 

The  circumstances  in  this  case  point  to  the  gunboat  Geicr  as  a 
ship  that  at  the  outbreak  of  war  finds  itself  in  a  more  or  less  broken- 
down  condition  and  on  the  point  of  undergoing  general  repairs,  but 
still  able  to  keep  the  sea.  In  this  situation  the  Government  believes 
that  it  does  not  comport  with  a  strict  neutrality  or  a  fair  interpre- 
tation of  The  Hague  Conventions,  to  allow  .such  a  vessel  to  complete 
unlimited  repairs  in  a  United  States  port.  The  Government  therefore 
has  instructed  the  authorities  to  notify  the  captain  of  the  Geicr  that 
three  weeks  from  October  15  will  be  allowed  the  Geicr  for  repairs, 
and  that  if  she  is  not  able  to  leave  Amarican  waters  by  November  6, 
the  United  States  will  feel  obliged  to  insist  that  she  be  interned  until 
the  expiration  of  the  war. 

I  am,  ett;..  Robert  Laksino. 

'.^^.'^.'^-''''^^P''"'^'^"'^^'-'  regarding  tliu-  interiimi.'nt  of  the  tender  Bocktun,  suora. 
pp.   lAi-l4t. 


THE  UNITED  STAINS  AND  GERMANY 


157 


The  Oerman  Ambassador  to  the  Secretary  of  State. 

[Translation.] 

German  Embassy, 
Washington,  November  11,  1914. 
Mb.  Secretary  op  State: 

Two  officers  of  H.  M.  S.  Geier  who  had  been  granted  sick  leave 
have  been  interned  with  their  orderlies  in  the  United  States.  It  seems 
that  the  United  States  Government  took  that  measure  on  the  ground 
that  they  belonged  to  the  company  of  a  ship  whose  crew  faced  intern- 
ment and  which  was  in  fact  dismantled  later.  This  position  would 
undoubtedly  be  correct  if  the  officers  had  not  left  the  ship  until  after 
internment"  as  in  that  case  the  whole  crew  should  be  treated  exactly 
like  troops  that  cross  the  border  of  a  neutral  country.  As  a  matter 
of  tact,  however,  H.  M.  S.  Ceier  was  not  dismantled  until  the  7th 
of  this  month  and  the  official  communication  of  Under  Secretary  of 
State  Lansing  which  spoke  of  the  disarmament  of  H.  M.  S.  Gcier 
under  certain  conditions  is  dated  October  30.  As  to  this  I  have  the 
hoMor  to  inform  Your  Excellency  that  the  interned  officers  and  their 
"•  lerlies  had  already  left  Honolulu  on  the  28th  of  October,  Ihat  is, 
..  fore  the  question  of  interning  the  crew  of  H.  M.  S.  Geier  had  come 
up.  It  is  therefore  not  a  fact  that  those  officers  and  men  belonged 
to  the  company  of  a  ship  on  the  point  of  being  interned. 

In  this  connection  I  would  draw  Your  E.xcellency  "s  attention  to 
the  treatment  accorded  to  the  British  Major  Robertso  That  officer 
was  allowed  by  the  like  American  authorities  to  proceea  ju  his  jour- 
ney, although  it  was  shown  that  he  had  taken  an  active  part  in  the 
war  against  Germany  by  fighting  in  the  battle  before  Tsii  u.  As 
this  discrimination  in  the  treatment  of  German  and  Eugh>.i  officers 
appears  to  me  to  be  difficult  to  explain,  I  have  the  honor  to  beg  Your 
Excellency  to  cause  this  question  to  be  again  examined  in  the  light 
of  the  neutrality  of  the  United  States  and  kindly  to  procure  for  the 
officers  of  H.  M.  S.  Geier  and  their  orderlies  permission  to  travel 
freely. 

Accept,  etc.,  J.  Berxstorff. 


The  Secretary  of  State  to  the  German  Ambassador. 

Department  of  State, 
Washington,  November  12,  1914. 
Excellency  : 

I  have  the  honor  to  advise  .'  ou  of  the  receipt  of  a  letter  from  the 
Secretary  of  the  Treasury,  stating  tha*  a  telegram  has  been  received 
from  the  collector  of  customs  at  Honolulu,  reporting  that,  on  Novem- 
ber 8,  1914,  the  German  naval  vessels  Geier  and  Locksun  were 
interned  there. 

Accept,  etc.,  W.  J.  Bryan. 


l\ 


158         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

The  Acting  Secretary  of  State  to  the  Oerman  Ambassador. 

Depabtment  op  State, 
Washington,  November  27,  1914. 
Excellency  : 

The  Department,  has  received  your  note  of  the  11th  instant  in 
regard  to  the  two  officers  of  H.  M.  S.  Geier  and  their  orderlies,  who 
left  that  vessel  before  it  was  interned,  but  who  have  with  the  re- 
mainder of  its  complement  been  interned  within  United  States  juris- 
diction.  You  ask  that,  as  the  actual  internment  of  the  vessel  took 
place  on  the  7th  instant,  and  as  the  officers  and  their  orderlies  left 
Honolulu  on  the  28th  ultimo,  the  case  be  reexamined  and  the  officers 
and  their  orderlies  be  released. 

In  reply  I  have  the  honor  to  advise  you  that  the  case  has  been 
car  fully  reexamined  and  that  this  Government,  in  its  observance 
of  a  strict  neutrality,  is  under  obligation  to  retain  these  gentlemen 
m  custody  as  a  part  of  the  Geier 's  company  when  she  entered  Ameri- 
can jurisdiction.   It  appears  that  these  men  were  not  only  duly  incor- 
porated in  the  armed  forces  of  Germany,  a  belligerent  power,  but 
were  also  in  a  sense  a  part  of  an  organized  body  of  such  forces  enter- 
ing a  neutral  port.    In  such  a  case  the  laws  of  maritime  warfare 
permit  a  limited  hospitality  to  be  extended  to  them,  dependent  upon 
their  observing  certain  conditions.    In  the  case  of  the  Geier,  these 
conditions  were,  it  is  believed,  very  generous.    After  a  delay  of  sev- 
eral  days  within  the  hospitality  of  the  United  States,  instead  of  the 
conventional  twenty-four  hours,  these  officers  and  their  orderlies 
appear  to  have  been  granted  sick  leave  by  the  captain  of  the  Geier. 
This  fact,  however,  cannot,  it  is  believed,  properly  be  urged  as  sepa- 
rating them  from  the  Geier  in  relation  to  its  subsequent  treatment 
They  arrived  within  United  States  jurisdiction  as  a  part  of  an  organ- 
ized armed  force  of  the  German  Empire,  and  this  fact,  in  the  opinion 
of  this  Government,  appears  to  be  the  crux  of  the  whole  matter 
Were  a  distinction  to  be  made  on  the  grounds  set  forth  in  your  note 
a  ship  in  danger  from  her  enemy  might  enter  a  neutral  port,  and 
before  the  twenty-four-hour  period  had  elapsed,  and  before  there  was 
any  danger  of  internment,  her  officers  and  crew  might  leave  her  and 
afterwards  claim  the  right  to  return  to  their  country  as  individuals. 
This  course  would  manifestly  not  comport  with  the  principles  of  neu- 
trality as  they  are  understood  by  the  Department. 

Your  Excellency  compares  the  case  of  these  officers  and  men  of 
H.  M.  S.  Geier  with  that  of  Major  Robertson  of  the  British  Army, 


THE  UNITED  STATES  AND  GERMANY 


159 


who  appears  to  have  been  taken  into  custody  by  American  officers  and 
shortly  thereafter  released.  The  Department  is  of  the  opinion  that 
the  two  incidents  have  no  essential  resemblance.  Major  Robertson 
arrived  in  the  United  States  as  an  individual  and  not  as  a  part  of 
an  organized  military  body  traveling  together.  The  United  States, 
therefore,  in  its  governmental  capacity  as.  a  neutral,  was  not  bound 
under  the  principles  of  international  law  to  intern  him  or  to  inter- 
fere with  his  freedom  of  movement  so  long  as  his  conduct  did  not 
infringe  the  proprieties  of  international  or  municipal  law. 

The  Department  regrets,  therefore,  to  advise  you  that  this  Gov- 
ernment, after  having  carefully  reexamined  the  case,  does  not  see 
its  way  to  release  the  officers  and  their  orderlies  in  question,  or  to 
consider  them  other  than  as  a  part  of  the  complement  of  H.  M.  S. 
Geier,  which  the  United  States  Government  has  been  under  the  neces- 
sity of  having  interned  during  the  continuance  of  the  present  war. 
Accept,  etc.,  Robert  Lansing. 


The  Secretary  of  State  to  the  Oerman  Ambassador. 

DEP.VRTMENT   OF    STATE. 

Excellency:  Washington,  March  18.  1915. 

The  Department  of  State  has  received  from  the  Navy  Department 
the  report  of  the  board  of  naval  officers  who  made  an  examination  of 
H.  M.  S.  Prim  Eitel  Friedrich,  now  in  the  harbor  of  Newport  News, 
Va.,  with  a  view  to  ascertaining  the  repairs  necessary  to  put  the 
vessel  in  a  thoroughly  seaworthy  condition,  and  from  this  report  it 
appears  that  the  time  required  for  these  repairs  will  be  a  period  of 
fourteen  working  days.  The  Government  has  concluded,  therefore, 
that  H.  M.  S.  Prim  Eitel  Friedrich  will  be  allowed  until  midnight 
of  the  close  of  the  6th  day  of  April  next  to  complete  her  repairs,  and 
that  she  will  be  allowed  twenty-four  hours  in  addition,  or  until  mid- 
night of  the  7th  day  of  April,  to  leave  the  territorial  waters  of  the 
United  States,  or  failing  this  that  she  will  be  under  the  necessity  of 
accepting  internment  within  American  jurisdiction  during  the  con- 
tinuance of  the  wars  in  which  your  country  is  now  engaged. 

This  information  has  been  confidentially  conveyed  to  the  Treasury 
Department  with  the  request  that  it  be  transmitted  immediately  to 
the  commander  of  H.  M.  S.  Prinz  Eitel  Friedrich. 

Accept,  etc.,  W.  J.  Bryan. 


190        DIPLOMATIC  CORRESPONDENCE  BETWEEN 
The  Oerman  Ambassador  to  the  Secretary  of  State. 
i  Translation.] 


Mk.  Secretary  op  State: 


Imperul  German  Embassy, 
Washington,  D.  C,  April  8,  1915, 


I  have  the  honor  to  express  to  Your  Excellency  my  most  sincere 
thanks  for  the  accommodating  treatment  accorded  H.  M.  S.  Prim 
Eitel  Fricdrich  during  her  stay  at  Newport  News.  I  have  been  espe- 
cially gratified  to  hear  that  the  Government  of  the  United  States 
had  taken  far-reaching  safety  measares  for  the  protection  of  the  ship 
fi'om  the  various  menaces  of  an  attack. 

I  venture  therefore  respectfully  to  beg  Your  Excellency  kindly  to 
convej'  this  expression  of  my  thanks  to  the  Departments  and  officials 
concerned.  Neither  shall  I  fail  to  apprize  my  Government  of  the 
attention  shown  H.  M.  S.  Prim.  Eitel  Friedrich. 


Accept,  etc.. 


J.  Bernstobff. 


'If 


i^:' 


nn 


The  Oerman  Ambassador  to  the  Secretary  of  State. 

[Translation.] 

Imperial  German  Embassy, 
Washington,  D.  C,  April  12,  1915. 
Mr.  Secretary  of  State: 

In  continuation  of  my  note  of  the  11th  instant '  I  have  the  honor 
to  inform  Youi  Excellency  that  H.  M.  S.  Kronprim  Wilhelm  would 
like  to  land  at  Newport  News  sixty-one  persons  belonging  to  the 
crews  of  enemy  vessels  sunk  by  her. 

The  ship  further  stands  in  urgent  need  of  repairs  to  restore  her 
seawortliiness  and  has  to  replenish  her  supply  of  coal  and  provisions. 
The  commander  has  asked  me  to  procure  for  him  permission  to 
undergo  the  aforesaid  necessary  repairs  at  the  Newport  News  ship- 
yard, and  announced  that  the  extent  and  time  of  the  repairs  could 
only  be  made  known  upon  the  completion  of  the  survey  now  on  foot. 

In  compliance  with  the  request  of  the  commander  of  H.  M.  S. 
Kronprim  Wilhelm,  I  beg  Your  Excellency  to  take  the  necessary 
measures  and  in  particular  tc  allow  the  ship  to  stay  at  Newport  News 

'  Not  printed. 


THE  UNITED  STATES  AND  GERMANY 


161 


beyond  (he  twenty-four  hours  prescribed  by  law  in  accordance  with 
Article  14  o£  the  13th  Convditioii  of  the  2d  Conference  of  The  Hague 
of  October  18,  1907. 

Accept,  etc.,  For  the  Imperial  Ambassador, 

Haniel. 


The  Secretary  of  State  to  the  German  Ambassador. 

Dkp.vrtmext  of  State, 
Waskiiigton,  April  21,  1915. 
Excellency  : 

In  reply  to  your  note  of  the  12tb  instant  requesting  the  hospi- 
tality of  the  port  of  Norfolk  for  H.  M.  S.  Kronprinz  Wilhelm,  I  have 
the  honor  to  inform  you  that  the  Department  has  received  the  report 
of  the  board  of  naval  officers  who  have  made  an  examination  of  the 
cruiser  with  a  view  to  ascertaining  the  repairs  which  the  vessel  may 
undergo  in  American  waters.  From  this  report  it  appears  that  the 
time  required  for  repairs  will  consume  a  period  of  six  working  days, 
but  that  the  pioposed  repairs  will  not  cover  the  damage  to  the  port 
side  of  the  cruiser  incident  to  the  service  in  which  the  vessel  has  been 
engaged. 

The  Government  has  concluded,  therefore,  that  11.  JI,  S.  Kron- 
prinz Wilhehn  will  be  allowed  until  midnight  of  the  close  of  the 
29th  day  of  April  next  to  complete  the  proposed  repairs  in  the  port 
of  Norfolk,  and  that  she  will  be  allowed  twenty-four  hours  in  addi- 
tion, or  until  midnight  of  30th  day  of  April,  to  leave  the  territorial 
waters  of  the  Unit 'd  t>tates,  or,  failing  this,  that  she  will  be  under 
the  necessity  of  accepti.'inr  internment  within  American  jurisdiction 
during  the  continuance  of  the  wars  in  whicli  your  country  is  now 
engaged. 

It  is  expected  that  in  accordance  with  the  President's  proclama- 
tions of  neutrality  H.  M.  S.  Krunprinz  Wilhdm  will  not  depart  from 
the  port  of  Norfolk  within  twenty-four  hours  after  a  vessel  of  an 
opposing  belligerent  shall  have  departed  therefrom. 

This  information  has  been  confidentially  conveyed  to  the  collector 
of  customs  at  Norfolk  for  transmittal  to  the  commander  of  the  Kron- 
prinz Wilhelm. 

Accept,  etc.,  For  the  Secretary  of  State, 

Robert  Lansing. 


ll 

ill 


m 


-■A 


162         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Part  IX. 

ESCAPE  OF  OFFICERS  AND  MEN  FROM  GERMAN  SHIPS 
INTERNED  IN  THE  UNITED  STATES. 


.1 


■If 


The  Secretary  of  State  to  the  German  Ambassador. 

Dep.\rtmext  op  St.vte, 
^Vashi)lgton,  November  16,  1915. 
Excellency : 

With  reference  to  the  Ocrman  vessels  and  crews  now  interned  in 
American  ports,  I  have  the  lionor  to  call  your  attention  to  the  follow- 
ing facts  relating  to  the  escape  from  time  to  time  of  certain  paroled 
officers  and  men  f-om  these  vessels. 

On  October  10,  1915,  six  officers,  Vizesteuerraann  Heinrich  HoflP- 
man.  Heinrich  Rucdebusch,  Wilhelm  Forstreuter,  Erich  Biermann, 
and  log.  Aspirants  Julius  LustfelJ  and  Walter  Fischer,  of  the  Ger- 
man cruiser  Kronprim  Wilhdm,  interned  at  Norfolk,  Va.,  re- 
ceived permission  to  go  ashore  and  to  return  by  8  a,  m.  October  11. 
These  officers  have  not  been  seen  since,  and  are  supposed  to  have 
departed  on  hoard  the  yacht  Eclipse,  which  was  purchased  by  Vize- 
steuermann  Hoffman  shortly  before  their  departure. 

On  September  29,  1915,  llarine  Stabr.arzt,  Dr.  Kreuger  Kroneck, 
and  Lieutenant  zur  See  Koch,  of  thfi  German  cruiser  Prim  Eitel 
Fricdrich,  were  given  permission  to  go  on  a  visit  to  New  York  City 
and  Niagara  Falls  and  to  return  to  their  ship  on  October  16th.  These 
officers,  however,  have  not  returned  to  their  ship  and  were  seen  in 
the  Pennsylvania  Railroad  Station,  New  York  City,  on  October  17. 

The  German  cruiser  Prim  Eitel  Freidrich  arrived  in  American 
jurisdiction  on  March  10th,  1915,  and  was  interned  on  April  9th, 
191.').  On  March  10th,  the  Commanding  Officer  was  directed  to  allow 
none  of  his  officers  or  crew  on  shore  for  the  present.  The  Commander 
acknowledged  the  receipt  of  this  notice  and  stated  that  he  would  act 
accordingly.  On  March  12th  the  Commanding  Officer  asked  per- 
mission for  his  officers  and  men  to  go  .Tsliore,  if  they  did  not  leave 
Newport  News.  On  March  17,  1915,  two  days  prior  to  the  granting 
of  the  Commander's  request,  the  Executive  Officer,  i.e.,  the  second 
officer  in  command.  Otto  Brauer,  left  the  ship.  The  Department  now 
has  reliable  information  that  Brauer  has  returned  to  Germany  and 
is  on  duty  on  board  the  Cruiser  Liitzow  at  Danzig. 


THE  UNITED  STATES  AND  GERMANY 


163 


Dr.  Nolte  was  granted  leave  of  absence  from  the  Prim  Eitel 
Friedrich  to  go  to  Newport  News  and  Old  Point  Comfort,  Va., 
and  return  on  May  13th  lest.  Dr.  Nolte  has  not,  as  yet,  returned 
to  his  ship. 

On  or  about  June  14,  1915,  Herman  Deike,  Engineer  Officer  of  the 
Lockaun,  interned  at  Honolulu,  left  his  ship  and  in  yet  absent  in  vio- 
lation of  bis  parole. 

In  view  of  the  apparent  disregard  of  these  members  of  the  com- 
plements of  the  interned  vessels  at  Norfolk  for  their  word  of  honor 
while  on  parole,  the  Navy  Department,  on  October  14,  1915,  was 
under  the  necessity  of  ordering  that  no  officers  or  men  be  allowed 
to  leave  the  ships  until  the  absent  officers  and  seamen  had  returned. 

Notwithstanding  this  order,  on  October  15,  1915,  two  members 
of  the  crew  of  the  Kronprim  dhelm  attempted  to  board  the  Dutch 
steamship  Maar  Tensdyk  at  Newport  News,  in  an  endeavor  to  escape. 
Seaman  Sturm  was  apprehended  and  his  companion.  Seaman  Kasper, 
returned  to  the  Kronprim  Wilhelm  of  his  own  voliiion.  Also,  on 
November  12,  1915,  Fireman  Thierj'  was  found  absent  from  the 
Prim  Eitel  Friedrkh  at  muster,  having  escaped  from  his  ship. 

The  incidents  related  have  occurred  notwithstanding  the  fact  that 
at  the  time  of  the  internment  of  these  vessels  each  Commanding 
Officer  gave  a  pledge  for  "himself,  officers,  and  crews  not  to  commit 
any  unneutral  acts  and  not  to  leave  limits  prescribed  in  paroles." 
I  therefore  regret  to  have  to  inform  Your  Excellency  that  the  United 
States  Government  regards  the  actions  of  these  men  as  contrary  to 
its  express  instructions  and  as  breaches  of  the  honorable  conduct  to 
be  expected  of  officers  and  men  of  visi*^^ing  and  interned  ships  of  war 
of  a  belligerr  ,t  nation,  and  that  consequently  the  Government  has 
been  forced  to  discontinue  the  custom  of  paroling  the  interned  offi- 
cers and  men  on  their  honor  and  otherwise  to  circumscribe  the  very 
liberal  privileges  which  they  have  heretofore  been  allowed  to  enjoy. 

It  will  be  recalled  that  during  the  Russo-Japanese  War,  when  the 
Russian  Ship  Lena  was  interned  by  United  States  Authorities  on  the 
Pacific  coast,  three  officers  of  that  ship  escaped  and  returned  to 
Russia;  and  that  upon  the  Government  of  the  United  States  calling 
the  matter  to  the  attention  of  the  Russian  Government  it  immedi- 
ately caused  the  escaped  officers  to  return  to  American  jurisdiction, 
where  they  were  interned  for  the  remainder  of  .  e  war. 

This  precedent  this  Government  rsgards  as  in  accord  with  the  be.st 
practice  of  nations  and  applicable  to  the  cases  which  I  have  had  the 
honor  to  present  in  this  note. 


i 


I     '  '  ■"«? 


164        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

I  have  no  doubt,  therefore,  that  upon  Your  Excellency's  calling 
these  incidents  to  the  attention  of  the  Imperial  Gorman  Qovemment, 
that  Oovemment  will  promptly  direct  that  Otto  Brauer  and  any 
other*  of  the  men  mentioned  who  may  now  be  within  German  juria- 
diction,  or  who  may  hereafter  come  within  such  jurisdiction,  be 
promptly  returned  to  this  country  for  internment  with  their  respec- 
tive ships. 

Accept,  etc.,  Robert  Lansing. 


■'I 


-=■1: 


i-if 


'i\ 


The  Scctetiirij  of  State  to  Ambassador  Oerard. 

[  Telegram— Para  phrase.  ] 

Department  op  State, 
Washington,  November  17,  1915. 
Mr   Gerard  is  informed  that  the  Department  of  State  in  a  note 
dated  November  16,  1915.  called  the  attention  of  the  German  Arabas- 
sador  at  Washington  to  the  escape  at  intervals  of  certain  paroled 
German  officers  and  men  from  ships  interned  in  United  States  ports. 
The  German  Ambassador  was  also  given  full  facts,  giving  officers 
names  and  the  circumstances  under  which  they  escaped.    The  Am- 
bassador's attention  was  called  to  the  case  of  the  escape  during  the 
war  between  Russia  and  Japan  of  three  officers  of  an  interned  Rus- 
sian vessel,  and  that  the  American  Government  called  the  matter  to 
the  attention  of  the  Government  of  Russia,  who  immediately  caused 
the  return  of  the  escaped  officers  to  American  jurisdiction.     The 
Ambassador  was  informed  that  this  precedent  is  regarded  as  in  accord 
with  the  practice  of  nations  in  the  past  and  as  applicable  to  the  cases 
which  are  cited  in  the  Department's  note.    The  Department  also 
stated  that  it  iind  no  doubt  that  the  Ambassador  would  bring  the 
facts  promptly  to  the  German  Government's  attention  and  that  the 
German  Government  would  direct  the  prompt  return  to  the  United 
States  for  internment  with  their  respective  vessels  of  the  escaped 
officers  and  men  who  may  now  be  or  who  may  hereafter  come  within 
German  jurisdiction. 

The  German  Ambassador  to  the  Secretary  of  State. 

German  Embassy, 
Washington,  November  22,  1915. 

My  dear  Mr.  Secretary: 

The  Commanding  Officer  of  H.  M.  S.  Prim  Eitel  Friedrieh.  in- 
forms me  that  the  officers  and  crews  of  the  interned  German  cruisers 
at  Portsmouth.  Va.,  arc  to  he  photographed  by  an  order  of  the  Com- 


THE  ITilTED  STATES  AND  GERMANY 


165 


jnandant  of  the  Navy  Yard  at  said  place  appareDtly  a.1  a  means  uf 
preventing  further  e«i'apeH.  Captain  Thieriohenii  for  obvioua  reawna 
before  complying  has  asked  for  further  instructions.  I  realize  that 
the  deplorable  escapes  of  the  past,  although  inspired  by  patriotic 
motivea,  justify  strict  methods  of  surveillance,  but  believing  that 
effective  measures  already  have  been  taken  to  insure  further  escapes 
I  would  appreciate  it  greatly  if  these  officers  and  crews  could  b« 
spared  the  humiliation  of  having  their  photographs  taken. 

I  am,  etc.,  J,  Bernhtorff. 


The  Secretary  of  State  to  the  German  Ambassador. 

Department  of  State, 
Wojihington,  November  23,  1915. 
My  dear  Mr.  /hbassador: 

I  am  in  receipt  of  your  letter  of  the  22d  in  regard  to  the  photo- 
graphing  of  the  crews  of  the  interned  German  cruisers  at  Ports- 
mouth, Va. 

I  have  had  a  conversation  with  the  Secretary  of  the  Navj'  on  the 
subject  and  we  have  reached  the  conclusion  that  in  view  of  the  objec- 
tions raised  by  the  Commanding  Officers  of  the  cruisers  the  photo- 
graphing of  the  crew    will  not  take  place  at  the  present  time. 

I  can  assure  you  that  it  was  with  no  purpose  of  humiliating  the 
Germans  who  are  interned  that  this  plan  was  proposed,  but  you  must 
realize  that  the  violation  of  paroles  by  certain  of  the  officers  and 
members  of  the  crews  of  these  vessels  has  caused  much  embarrass- 
ment to  this  Government.  I  am  convinced  that  you.  as  well  as  the 
Commanding  Officers,  are  desirous  that  the  honor  of  the  German  Navy 
should  be  preserved,  and  that  the  authorities  here  should  apprehend 
any  who  violate  their  word.  As  tnc  most  expedient  and  practical 
plan  of  accomplishing  this  was  to  have  the  portraits  of  those  who 
might  escape  published,  it  was  thought  well  to  photograph  all  the 
members  of  the  crew  as  well  as  the  officers.  I  cannot  see,  in  view  of 
what  has  occurred,  why  there  should  be  any  objection  to  this  being 
done,  but  since  i  s  so  we  will  take  other  means  to  prevent  a  repeti- 
tion of  the  escapes,  although  I  consider  that  the  redoubling  of  the 
vigilance  of  our  naval  Authorities  is  even  more  humiliation  to  the 
interned  than  to  be  photographed. 

I  am,  etc.,  Robert  Lansinq. 


Ml 

i 


-    t'l 

1 4'' 


it  ■ 


li.^J  i 


166         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

The  German  Ambaasador  to  the  Sccrciai\)  of  State. 

[Tranalation] 

German  EuBAgsT. 
Washington,  November  24,  1915. 
a*.  Secmtart  of  State: 

Punuant  to  your  kind  note  No.  1661  of  the  16th  initant,  I  finit 
called  in  the  commanding  oflfircra  of  U.  M.  S.  Kronprint  WUhtbn  and 
Prim  Eitrl  Friedrivh  for  an  explanation  of  the  disappcai-Huce  of 
■ome  membeni  of  their  crewa.  It  appeara  from  their  report  that  the 
following  petty  offlcern  left  their  nhipi*  in  a  dingey  at  about  4  o'clock 
on  Sunday,  the  10th  of  October:  <^uartermaRter  Ruedebusch,  Hoff- 
mann, Bicrmann,  Fomtreuter,  En(;ineer  Atpiranti  Lnstfeid  a,"* 
Fischer.  The  commanding  officer  of  H.  M.  S.  Kronprim  Will- 
reported  the  occurrence  to  the  Commandant  of  the  Newport  Ne»,< 
Navy  Yard  on  the  15th  ultimo.  How  the  fugitives  made  good  their 
escape  could  not  be  ascertained.  Marine  Staff  surgeon  Dr.  Kruger- 
Kroneck  and  Lieutenant  Koch  have  not  returned  from  the  leave  that 
was  granted  them.  The  clandestine  disappearance  of  Dr.  Kruger- 
Kroneck  is  all  the  more  unaccountable  as  he,  being  a  physician,  might 
have  obtained  release  from  internment  in  the  same  way  as  it  waa 
accommodatingly  granted  to  a  number  of  surgeons  of  the  interned 
ships.  Press  reports  indicate  that  Lieutenant  Kwh  is  now  a  prisoner 
in  England.  The  present  whereaboutN  of  all  the  other  absconders  is 
not  known  to  me  or  ib^ir  superior  officers. 

Captain  Lieutenant  Bauer  was  still  on  board  H.  M.  S.  Prim  Eitel 
Priedrich  on  March  16,  but  was  no  lonpr  there  on  th»»  17th.  Until 
then  the  commanding  officer  had  no  oti.  r  directions  than  that  of 
letting  no  one  go  on  shore  and  had  accordingly  notified  his  officers 
and  men  that  there  was  no  shore  leave  to  be  had  for  the  time  being. 
Not  until  the  19th  of  March  did  he  receive  permission  for  his  crew 
to  get  leave  to  go  to  certain  defined  places  on  land:  "O^flicr  n 
parole  and  men  under  guard  of  American  .soldiers."  Captain  Lieu- 
tenant Koch  therefore  could  not  have  broken  his  parole,  but  merely 
disobeyed  orders.  There  can  be  no  question,  therefore,  of  his  being 
sent  back  to  the  United  States  on  the  above-stated  ground. 

As  for  the  seamen,  Sturm  and  Kasper,  they  left  the  Kronprim 
\VHh.elm  as  early  as  October  14;  ♦heir  attempt' to  escape  took  place 
before  the  time  when  the  Navy  Department's  order  that  no  one 
should  leave  the  ship  became  known  to  the  ship  as  October  15,  it 
being  dated  October  14. 

I  believe  the  foregoing  particulars  will  prove  of  some  help  in 
clearing  up  the  matter,  which  I  have  reported  to  my  Government. 


Accept,  etc., 


J.  Bernstorff. 


THE  UNlTiJD  STATES  AND  nERMANY  167 

The  Stcrtiary  of  S'ate  to  Amb<u*ador  Qerard, 
ITt'legrtm— PiraphrnicJ 

Pn>ARTiiENT  or  Stati. 
Wa$hington,  December  22,  1915. 
Mr.  Gerard  is  directed  to  inquire  at  the  German  Foreign  Office 
aa  to  whether  the  matter  of  the  eRcape  of  interned  German  officera 
and  men  hns  hern  called  to  the  attention  of  the  Foreipi  Office  by 
the  German  Ainbuwiador  in  Wa«hin^on,  and  if  no  to  urjre  that  the 
repreaentationa  of  the  Department  of  State  to  the  German  Ambaa- 
aador  be  promptly  replied  to  by  the  Oermun  Government.  A  report 
by  cable  ia  requeated. 


Ambassador  Otrard  to  the  Sicrctanj  of  State. 

American  Embasst, 
Berlin,  February  21,  1916. 
Sir:  With  reference  to  my  teUgrnm  No.  3.)08  of  February  19,  1916. 
I  have  the  honor  to  transmit  herewith  to  the  Department  a  copy  and 
translation  of  the  Foreign  Offici-'s  note,  dated  February  16,  1916, 
regarding  the  escape  of  otiicers  and  men  from  the  German  auxiliary 
cruisers  Kronprinz  W'Uhelm  and  Priiiz  Eitel  Fricdruh,  at  preseat 
interned  in  American  ports. 

I  have,  etc.,  For  the  Ambassador, 

J.  C.  Grew. 


[Inclosnre — Translation.] 

Foreign  Office, 
Berlin,  Pcbruarif  16,  1916. 
The  undersigned  has  the  honor  to  inform  liis  Excellency,  the 
American  Ambassador,  Mr.  James  W.  Gerard,  in  answer  to  the  com- 
munication of  Dcrrmber  24.  191.5,  regarding  the  escape  of  officers 
and  men  from  the  German  auxiliary  cruisers  Kronprinz  WUhclvx  and 
Prim  Eitcl  Friedrich,  at  present  interned  in  American  ports,  that  th'' 
matter  has  been  brought  to  the  attention  of  the  German  Naval  Admin- 
istration. According  to  the  investigations  made  by  the  latter,  the 
commanders  of  the  two  auxiliary  cruisers,  unfortunately,  did  not 
RutBciently  instruct  their  officers  and  crews  regarding  the  significance 
of  the  "assurance"  ("Versieheruug")   given  by  them.     Moreover, 


'r-    h 


I. 

r 

?■   ; 
I 


168         DIPLOMATIC  CORRESPONDENCE  BETWEEN 


I     't 


mI 


the  expression  "pledge"  chosen  by  Rear  Admiral  Beatty  in  his  letter 
to  the  commanders  does  not  conform  absolutely  to  the  idea  of  the 
"word  of  honor"  (Ehrenwort).  The  persons  who  escaped,  therefore, 
were  obviously  convinced  that  they  would  not,  through  their  act, 
render  themselves  guilty  of  a  breach  of  their  word  of  honor. 

The  German  Government  acknowledges  the  fact,  however,  that 
the  members  of  the  crew — and  only  they — who  escaped  after  the 
"a&surance"  ("Versicherung")  of  the  commanders  had  been  given 
on  April  13  and  May  5,  1915,  respectively,  were  in  the  wrong  towards 
the  American  Government,  and  that  they  are  to  be  sent  back  to  their 
vessels.  Of  the  persons  mentioned  in  the  note  of  the  American  Gov- 
ernment to  the  German  Ambas-sador  at  Washington  of  November  16, 
1915,  No.  1661,  the  following  are  therefore  concerned:  Marine-Stabs- 
arzt  Kriiger-Kroneck,  Leutnant  zur  See  Koch,  Dr.  Nolte,  Vize-Steuer- 
mann  der  Reserve  Hoffmann,  Vize-Steuermann  der  Reserve  Ruede- 
busch,  Vize-Steuermann  der  Reserve  Forstreuter,  Vize-Steuermann 
der  Reserve  Biermann,  Ingenicir-Aspirant  der  Reserve  Lustfeld, 
Ingenieur-Aspirant  der  Reserve  Fischer,  Heizer  Thierrj'. 

Of  these  persons,  only  Stabsarzt  Kriiger-Kroneck  returned  so  far 
to  Germany.  He  will  be  instructed  to  return  to  his  vessel  as  soon  as 
the  American  Government  has  obtained  safe-conduct  for  him  from 
the  hostile  Governments. 

The  German  Government  states  expressly  that  by  the  return  on 
board  his  ship  of  Stabsarzt  Kriiger-Kroucek  the  question  is  not 
touched  whether,  after  his  return,  his  release  later  on  may  not  have 
to  be  granted  in  accordance  with  The  Hague  Convention  rt'garding 
the  application  of  the  rules  of  the  Geneva  Convention  to  naval 
warfare. 

In  requesting  to  bring  the  foregoing  to  the  attention  of  the  Ameri- 
can Government,  the  undersigned  avails  himself,  etc., 

ZiMMEBMAMN. 


The  Secretanj  of  Sifate  to  Ambassador  Gerard. 

[Telegram — Paraphrase.] 

Department  op  State, 
Washington,  March  9.  1916. 
Mr.  Gerard  is  informed  that  the  reply  of  the  German  Foreign 
Office  rc<rarding  the  escape  of  officers  and  men  of  the  German  CruLsers 
at  present  interned  in  ports  of  the  United  States  was  referred  to  the 
Nav\'  Dopartment,  In  reply  the  position  is  taken  by  the  Navy  Depart- 
ment that  the  Kronprim  Wilhihn  and  the  Priiiz  Eiiel  Friedrkh 
sought  refnge  in  an  American  port  and  agreed  to  be  interned.  There- 
fore, the  oliligation  of  remaining  with  their  vessels  rested  wholly  with 
the  oflScers  of  those  vessels. 


THE  UNITED  STATES  AND  GERMANY 


169 


That  these  office'3  are  not  cognizant  of  the  principles  of  inter- 
national law  cannot  be  assumed.  Promises  were  given  in  writing  by 
the  captains  of  the  two  vessels  for  themselves,  the  officers,  and  the 
crews  of  the  vessels  that  they  would  in  no  way  violate  American  neu- 
trality during  their  internment.  It  seems  to  be  indicated  by  the 
answer  of  the  German  naval  administration  that  it  does  not  appreci- 
ate fully  the  seriousr  >s.s  if  the  obligation  assumed  thus  by  their  naval 
representatives  on  the  i  o  v.^-rels  in  question  to  remain  within  the 
assigned  limits  wit  he  mii;n:iuni  of  trouble  to  the  Government  of 
the  country  in  wh  Ii  th'>y  at;-  inii  ned.  They  wore  considered  as 
guests  of  the  Amei  ■:v.i  Oovornn  er  ind  not  as  prisoners  of  war,  and 
as  such  guests  pei  .lisuon  v\as  gi  i.a  them  to  leave  the  navy  yard 
and  to  visit  on  leavt  uuj  pc  of  the  United  States.  Lieutenant  zur 
See  Koch  and  Dr.  Kriiger-Kronetk,  after  having  availed  themselves 
of  the  permission  mentioned  to  leave  the  limits  of  their  intern- 
ment, failed  to  return  as  tliey  were  unquestionably  bound  to  do. 
Furthermore,  money  was  supplied  by  Dr.  Kroneck  with  which  the 
yacht  Eclipse  was  purchased  by  six  officers  of  the  Kronprim  Wilhelm 
who  escaped  from  the  jurisdiction  of  the  Government  of  the  United 
States.  Should  the  return  of  Dr.  Kroneck  be  effected  the  Govern- 
ment of  the  United  States  should  not  consent  to  his  release  under  the 
application  to  naval  officers  of  the  Geneva  Convention  rules,  as  on 
account  of  considerable  sickness  on  the  interned  ships  his  presence 
on  board  is  necessary.  No  mention  is  made  in  the  reply  of  the  Ger- 
man Foreign  Office  of  Otto  Brauer,  the  Executive  Officer  of  the  ship 
Prim  Eitel  Friedrich,  who  left  that  ship  after  the  captain  of  the 
vessel  had  been  requested  by  the  Government  of  the  United  States 
not  to  give  permission  to  his  officers  or  men  to  go  on  shore,  which 
request  was  acknowledged  by  the  captain  who  stated  that  he  would 
act  in  accordance  therewith.  It  cannot  be  conceived  by  the  Navy 
Department  that  the  Executive  Officer,  the  next  in  command,  was 
ignorant  of  this  request  of  the  Government  of  the  United  States.  The 
departure  of  Otto  Brauer.  the  Executive  Officer,  was  taken  against 
this  Government's  express  direction,  and  the  Navy  Department  is  of 
the  opii  ion  that  he  should  be  returned  to  the  .iurisdietion  of  the 
Government  of  the  United  States.  Also  in  the  case  of  the  engineer 
officer,  Herman  Dieke,  of  the  Locksun,  interned  at  Honolulu,  who, 
while  on  parole,  absented  himself,  no  reply  is  made.  The  full  reply 
of  the  Navj'  Department  is  being  sent  by  mail  to  Mr.  Gerard,  who 
is  directed  to  present  the  views  of  the  Government  of  the  United 
States,  and  to  say  that  the  Department  would  be  glad  to  have  an 
early  reply. 


•1 


"%m 


H^ 


'M 


170         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Part  X. 

ATTEMPT  OP  GERMAN  SHIP  ODENWALD  TO  SAIL 
WITHOUT  CLEARANCE  PAPERS. 


0.- 

■  i.i 


The  German  Ambassador  to  the  Secretary  of  State. 

[Translation.] 

German  Embassy, 
Washington,  April  1,  1915. 
JIr.  Secretary  of  State: 

On  the  18th  of  last  month  tho  Gorman  utramer  Odenivald  lying 
in  the  port  of  San  Juan  de  Porto  Rico  applied  for  clearance  for 
Hamburg.  The  collector  of  customs  then  declared  that  he  had  to 
inquire  of  Washington  whether  the  steamer  could  be  cleared.  On  the 
19th  the  steamer  was  subjected  to  a  thorough  search,  alleged  to  have 
been  ordered  from  Washington.  The  search,  according  to  the  state- 
ment of  the  collector  of  customs,  proved  satisfactorj-  in  every  respect. 
The  ship's  cargo  consisted  of  1,500  tons  of  coal  and  provisions.  On 
the  20th  of  March  the  same  ofGcial  again  conducted  another  strict 
inspection.  Clearance  papers  were  nevertheless  again  refused  as  they 
had  been  the  day  before  on  the  plea  that  no  answer  had  yet  come 
from  Washington.  The  collector  of  customs  urged  by  the  agent  of 
the  Hamburg-American  Line  promised,  however,  to  send  an  urgent 
telegram  that  night  to  Washington. 

Again  on  the  next  day  (March  21)  thr  ship's  captain  waited  in 
vain  for  a  final  decision.  Thus  he  decided  to  put  to  sea  without 
clearance  papers.  The  captain,  so  h'  asserts,  found  himself  in  a 
critical  situation  as  further  delay  made  the  danger  of  enemy  cruisers 
gathering  worse  every  day.  With  that  situation  he  tried  to  deal 
fairly  in  taking  the  course  he  did. 

Just  before  passing  Buoys  H  C  and  Co  the  ship  met  with  a  brisk 
machine-gun  fire  from  Morro  Castle.  A  few  minutes  later  a  solid 
cannon  shot  struck  the  water  a  short  distance  in  front  of  the  ship's 
bow,  raising  a  column  of  water  from  ten  to  twelve  feet  high.  The 
engine  was  immediately  stopped  and  backed  at  full  speed.  The  for- 
ward motion  of  the  ship  ceased  at  once  in  spite  of  which  she  was 
fired  upon  about  three  minutes  longer:  marks  of  the  bullets  can  be 
plainly  seen  in  various  places  of  the  ship  and  hull.  It  was  only 
through  luck  that  no  human  life  was  lost  in  that  onslaught. 

A  few  affidavits '  fully  describing  the  occurrence  are  respectfully 
inclosed  with  a  request  that  they  be  returned. 

I  have  the  honor  to  beg  Your  Excellency  kindly  to  let  me  know 
why  her  papers  were  not  delivered  to  the  Odenivald  though  in  the 
opinion  of  the  harbor  officials  after  two  thorough  searches  of  the  ship 

'  Not  printed. 


THE  UNITED  STATES  AND  GERMANY 


171 


they  had  no  ground  upon  which  to  refuse  the  said  papers.  Finally, 
I  am  unable  to  conceal  from  Your  Excellency  that  the  reckless  action 
of  the  harbor  authorities  in  opening  fire  on  the  steamer  without 
warning  do  not  seem  to  me  to  have  been  justified  by  the  circum- 
stances of  tlie  case.  It  could  hardly  be  the  intention  of  the  Ameri- 
can Government  to  endanger,  without  imperative  cause,  the  lives  of 
a  ship's  crew  for  the  mere  sake  of  insuring  orderly  trafiBc  in  the 
harbor. 

Accept,  etc.,  J.  Bernstorfp. 


The  Secretary  of  State  to  the  German  Amhasscdor. 

Dep.xrtment  op  State, 
Washington,  May  3,  1915. 
Excellency: 

I  have  the  honor  to  acknowledge  the  receipt  of  Your  Excellency's 
note  of  April  1  last  in  relation  to  the  refusal  of  the  united  States 
collector  of  customs  at  San  Juan.  Porto  Rico,  to  clear  the  German 
steamer  Odcmiald  for  Hamburg  with  a  cargo  of  1,500  tons  of  coal 
and  provisions.  Your  Excellency  reviews  certain  circumstances  con- 
nected with  this  incident  and  states  that  after  two  thorough  searches 
of  the  vessel,  application  for  clearance  was  denied  by  the  collector 
on  the  plea  that  he  had  as  yet  received  no  instructions  from  Wash- 
ington authorizing  clearance  and  that  the  captain  finahy  decided  to 
put  to  sea  without  clearance  papers,  as  further  delay  would  rause 
increased  danger  from  enemy  cruisers  which  were  gathering  off  '■  • 
port. 

Your  Excellency  further  states  that  as  the  ship  was  leaving  the 
harbor  on  the  afternoon  of  Sunday,  March  21,  she  "met  with  a  brisk 
machine-gvin  fire  from  Morro  Castle.  A  few  minutes  later  a  olid 
cannon  shot  struck  the  water  a  short  distance  in  front  of  th  ship's 
bow,  raising  a  column  of  water  from  ten  to  twelve  feet  high.  The 
engine  was  immediately  stopped  and  backed  at  full  speed.  The  for- 
ward motion  of  the  ship  ceased  at  once,  in  spite  of  which  she  was 
fired  upon  about  three  minutes  longer.  Marks  of  the  bullets  can  be 
plainly  seen  in  various  places  of  the  ship  and  hull.  It  was  only 
through  luck  that  no  human  life  was  lost  in  that  onslaught." 

The  foregoing  statements  are  based  on  affidavits  by  the  German 
Consul  in  Porto  Rico,  the  captain  of  the  Odenwald,  the  first  officer, 
the  third  officer,  and  the  chief  engineer,  which  you  inclosed. 

Your  Excellency  requests  to  be  advised  as  to  why  the  Odenwald 's 
clearance  papers  were  refused,  though  in  the  opinion  of  the  harbor 


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172        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

officials,  after  two  thorough  inspections  of  the  vessel,  there  was  no 
ground  upon  which  to  decline  to  issue  the  papers,  and  Your  Excel- 
lency declares  that  "the  reckless  action  of  the  harbor  authoritie 
in  opening  fire  on  the  steamer  without  warning"  does  not  seem  to 
you  to  have  been  "justified  by  the  circumstances  ot  the  case,  as  it 
could  hardly  be  the  intention  of  the  American  Government  to  en- 
danger, without  imperative  cause,  the  lives  of  a  ship's  crew  for  the 
mere  sake  of  insuring  orderly  traffic  in  the  harbor." 

In  reply  I  have  the  honor  to  state  that  upon  the  report  to  this 
Government  by  the  authorities  at  San  Juan  of  certain  circumstances 
surrounding  the  preparation  of  the  Odcnwahl  for  sea  an  investiga- 
tion was  immediately  instituted.  Until  the  investigation  was  con- 
cluded and  acted  upon  at  Washington,  the  authorities  at  San  Juan 
were  instructed  to  decline  to  issue  clearance  papers  to  the  Odenwald. 
While  this  investigation  was  pending,  and  while  the  collector  of  cus- 
toms at  San  Juan  was  acting  under  these  instructions,  the  captain 
of  the  Odemvald  reached  the  determination  that  he  would  depart 
without  authorized  clearance  and  in  open  violation  of  the  customs 
laws  of  the  United  States.  Circumstances,  which  it  does  not  seem 
necessary  to  relate  here,  have  shown  that  the  suspicions  as  to  the 
bona  fides  of  the  application  for  clearance,  which  had  been  aroused 
Dy  the  preparations  for  sailing  by  the  officers  of  the  Odemvald,  acting 
in  conjunction  with  the  officers  of  the  German  steamer  President, 
lying  in  the  same  harbor,  were  well  founded,  and  that  this  Govern- 
ment and  its  officers  at  San  Juan  were  justified  in  the  course  which 
they  took  in  deferring  the  clearance  of  the  Odemvald.  Irrespective 
of  the  substantial  grounds  for  the  suspicions  of  the  port  officials  at 
San  Juan,  the  fact  remains  that  the  Odenwald  in  her  endeavor  to 
leave  port  on  March  21  last  without  papers  committed  a  willful 
breach  of  the  navigation  laws  of  the  United  States,  because  of  which 
judicial  proceedings  have  been  brought  by  the  United  States  against 
the  vessel  and  the  persons  concerned  in  her  illegal  conduct  which 
make  it  ncces.sary  for  the  United  States  authorities  to  employ  force 
to  prevent  her  unauthorized  departure  on  a  mission  which  this  Gov- 
ernment felt  at  the  time  might  constitute  a  breach  of  the  neutrality 
of  the  United  States  and  result  in  a  possible  claim  for  lack  of  due 
diligence  on  the  part  of  this  Government  in  performing  its  neutral 
duties. 

As  to  the  assertion  that  the  reckless  action  of  the  port  authorities 
in  their  exercise  of  force  endangered  human  lives  on  board  the  Oden- 
wald, I  have  the  honor  to  inform  Your  Excellency  that  this  Govern- 


THE  UNITED  STATES  AND  GERMANY 


173 


lent  has  had  instituted  a  thorough  and  searching  investigation  into 
the  circumstances  of  the  attempted  sailing  and  arrest  of  the  Oden- 
wald  on  March  21.  The  result  of  this  investigation,  which  is  sup- 
ported by  the  statements  and  affidavits  of  the  officers  of  the  cus- 
toms, as  well  as  of  the  military  officers  in  charge  of  the  defenses  of 
the  port,  establish  the  following  facts : 

On  March  19,  at  a  conference  between  the  collector  of  customs. 
Col.  Burnham,  United  States  Army,  the  German  consul,  the  captain 
of  the  Odcnuald,  and  othens,  the  captain  of  the  vessel  was  informed 
by  Col.  Burnham  that  the  latter  would  use  whatever  force  was  neces- 
sary in  order  to  prevent  the  Odenwald  from  leaving  port  without 
the  necessary  custom-house  clearance  and  that  he  would  go  to  the 
length  of  using  the  guns  of  his  command  in  the  forts  for  this  purpose. 

On  March  20,  at  another  conference  between  the  same  persons,  a 
similar  statement  was  made  to  the  captain  of  the  Odenwald,  and  it 
was  arranged  to  place  an  armed  party  on  board  the  vessel,  unless 
the  captain,  the  vessel's  agents,  and  the  German  consul  would  give 
assurances  that  no  attempt  would  be  made  to  leave  without  proper 
papers.  Promises  were  given  not  to  leave  during  the  night  of  March 
20-21.  Nevertheless,  it  was  discovered  in  the  early  morning  hours 
of  the  21st  that  officers  from  the  German  steamer  President  had 
boarded  the  Odenwald  and  that  the  machinery  of  the  Odenwald  was 
being  put  in  motion.  The  port  authorities  thereupon  again  notified 
the  chief  officer  of  the  Odenwald  not  to  depart  without  clearance 
papers,  warning  him  that  the  vessel  would  be  closely  watched  and 
would  be  stopped  by  force  if  necessary. 

On  March  21,  at  about  3  p.  m.,  the  Odenwald  raised  anchor  and 
started  her  engines.  The  customs  officer  on  board  the  vessel  at  the 
time  was  told  by  the  captain  that  if  he  desired  to  go  ashore  he  could 
take  the  sail  boat  of  the  steamer  President,  which  wiis  at  the  gang- 
way. The  Odenwald  had  moved  ahead  about  five  lenRths  when  the 
customs  officers  notified  the  captain  that  the  vessel  could  not  leave' 
port  without  clearance  papers.  Notwithstanding  this  notice  the  vessel 
continued  in  motion,  and  the  officer  was  under  the  necessity  of  leav- 
ing the  ship  while  she  was  under  weight. 

As  she  passed  San  Augustin  Bastion,  500  feet  from  Morro  Castle, 
Captain  Wood,  United  States  Army,  who  was  there  stationed  with  a 
machine  gun.  hailed  the  vessel  several  times  and  ordered  her  to  stop, 
in  circumstances  which  made  it  impossible  for  the  officers  of  the 
vessel  not  to  have  heard  the  order.  The  Odenwald  nevertheless  con- 
tinued on  her  course,  whereupon  about  seventy -five  shots  were  fired 


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174         DIPLOMATIC  CORRESPONDENCE  BETWEEN 


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from  the  machine  gun  mounted  on  the  bastion.  These  shots  were 
aimed  and  fell  a  considerable  distance  in  front  and  short  of  the 
Odenwald.  In  order  not  to  endanger  craft  which  appeared  ahead 
of  the  Odenwald  as  she  proceeded,  fifteen  shots  were  fired  from  the 
machine  gun,  which  fell  off  the  stern  of  the  vessel.  Although  these 
were  small  solid  shots,  they  were  used  as  a  warning,  because  it  is 
uot  possible  to  use  blank  cartridges  in  a  machine  gun.  The  machine 
guu  was  not  aimed  at  the  Odenwald,  nor  did  any  of  the  shots  strike 
the  vessel.  Any  marks  on  the  Odenwald's  hull,  which  is  old  and 
scarred  through  many  months  of  sea  service,  were  made  by  other 
causes  than  by  machine-giui  bullets  striking  the  vessel,  according  to 
the  proofs  laid  before  this  Government. 

The  Odenwald  did  not  heed  this  warning  or  slacken  her  speed. 
Thereupon  a  4.7-inch  gun  on  the  Morro  Castle  was  aimed  and  fired 
under  the  personal  direction  of  Col.  Burnham.  The  shot  struck  at 
least  300  yards  in  front  of  the  Odenwald  and  short  of  her  projected 
course.  The  vessel  the«  stopped  and  was  taken  back  to  her  anchor- 
age under  the  direction  of  a  pilot.  No  machine-gun  shots  could  have 
been  fired  from  ilorro  Castle,  as  no  machine  guns  are  mounted  at 
that  fort. 

It  will  be  observed  that  six  distinct  warnings  were  given  to  the 
captain  of  the  Odenwald  that  force  would  be  used  in  case  he  attempted 
to  leave  the  harbor  without  the  clearance  papers  required  by  law, 
namely,  at  the  conferences  on  JIarch  19  and  March  20,  twice  by  the 
customs  officers  on  board  the  vessel  on  March  21,  by  the  orders  of 
Captain  Wood  from  the  bastion,  and  by  the  shots  from  his  machine 
gun.  None  of  these  warnings  was  heeded  by  the  captain,  who  persisted 
in  his  determination  to  leave  port  in  violation  of  the  laws  of  the  United 
States,  until  the  warning  shot  from  Morro  Castle  induced  him  to  obey 
the  regulations  of  the  port. 

Your  E.xceUency  will  perceive  from  the  foregoing  statement  of 
facts  that  the  United  States  authorities  at  San  Juan  in  the  perform- 
ance of  their  duties  avoided  any  act  endangering  the  safety  of  the 
vessel  and  the  lives  of  the  persons  on  board  and  exercised  no  greater 
force  than  was  necessary  to  prevent  the  illegal  departure  of  the 
Odenwald  from  the  port  of  San  Juan. 

I  have  the  honor,  .i:  accordance  with  Your  Excellency's  request, 
to  return  herewith  the  affidavits  transmitted  with  your  note  under 
acknowledgment. 

Accept,  etc.,  W.  J.  Bryan. 


THE  UNITED  STATES  AND  GERMANY 

Pakt  XI. 

CASE  OF  THE  WILLIAM  P.  FHYE. 


175 


The  Secretary  of  State  to  Ambassador  Gerard. 

[Telegram.] 

Department  of  State, 
Washington,  March  31,  1915. 
You  are  instructed  to  present  the  following  note  to  tiie  German 
Foreign  Office: 

Under  instructions  from  my  Government  I  have  the  honor  to  pre- 
sent a  claim  for  $228,059.54,  with  interest  from  January  28.  1915, 
against  the  German  Government  on  behalf  of  the  ov.-ncrs  and  captain 
of  the  American  sailing  vessel  William  P.  Frije  for  damages  suftered 
by  them  on  account  of  the  destruction  of  that  vessel  on  the  high  seas 
by  the  German  armed  cruiser  Prim  Eitcl  Friedrich,  on  January 
28,  1915. 

The  facts  upon  which  this  claim  arises  and  by  reason  of  which 
the  German  Government  is  held  responsible  by  the  Government  of 
the  United  States  for  the  attendant  loss  and  damages  are  briefly  as 
follows : 

The  William  P.  Fnje,  a  steel  sailing  vessel  of  3.374  tons  gross  ton- 
nage, owned  by  American  citizens  and  sailing  under  the  United  States 
flag  and  r-^gister.  cleared  from  Seattle.  Wash..  November  4,  1914, 
under  charter  to  M.  H.  Houser,  of  Portland,  Ore.,  bound  for  Queens- 
town,  Falmouth,  or  Plymouth  for  orders,  with  a  cargo  consisting 
solely  of  186.950  bushels  of  wheat  owned  by  the  aforesaid  Houser  and 
consigned  "unto  order  or  to  its  assigns."  all  of  which  appears  from 
the  ship's  papers  which  were  taken  from  the  vessel  at  the  time  of 
her  destruction  by  the  commander  of  the  German  cruiser. 

On  January  27,  1915.  the  Prin:  Eitcl  Friedrich  encountered  the 
Fnje  on  the  high  seas,  compelled  her  to  stop,  and  sent  on  board  an 
armed  boarding  party,  who  took  possession.  After  an  examination 
of  the  ship's  papers  the  commander  of  the  miser  directed  that  the 
cargo  be  thrown  overboard,  but  subsequently  decided  to  destroy  the 
vessel,  and  on  the  following  morning,  by  his  order,  the  Fnje  was  sunk. 

The  claim  of  the  owners  and  captain  consists  of  the  following 
items : 

Value  of  ship,  equipment,  and  outfit $150,000.00 

Actual  freight  as  per  freight  list.  5034 
1000/2240  tons  at  32-6— £8180-19-6  at 
$4.86  39,759.54 

Traveling    and    other    expenses    of    Capt. 


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176 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


Kichne  and  Arthur  Sewall  &  Co..  agrnts 
of  ship,  in  connection  with  making  affi- 
davits, preparing  and  filing  claim 500.00 

Personal  effects  of  Capt.  H.  H.  Kichne...  300.00 

Damages  covering  loss  due  to  deprivation  of 

use  of  .ship 37,500.00 

Total $228,059.54 

By  direction  of  my  Government,  I  have  the  honor  to  request  that 
full  reparation  be  made  by  the  Gerinun  Government  for  the  destruc- 
tion of  the  William  P.  Frye  by  the  German  cruiser  Pritiz  Eitel 
Fricdrich.  Bbyan. 


h    ' 


1 


Ambassador  Gerard  to  the  Secretary  of  State. 

Amemc.vn  Emb.\ssy. 
Berlin,  April  5,  1915. 

The  following  is  translation  of  the  reply  of  the  Foreign  Office 
to  my  note  of  April  3: 

German  Foreign  Office, 
Berlin,  April  5,  1915. 

The  undersigned  has  the  honor  to  make  reply  to  the  note  of  his 
Excellency.  Mr.  James  W.  Gerard,  Ambassador,  the  United  States 
of  America,  dated  the  3d  instant.  Foreign  Office  No.  2892,  relative  to 
claims  for  damages  for  the  sinking  of  tlie  American  merchant  vessel 
William  P.  Fryc  by  the  German  auxiliary  cruiser  Prim  Eitcl  Fried- 
rich. 

According  to  the  reports  which  have  reached  the  German  Govern- 
ment the  commander  of  the  Prim  Eitcl  Fricdrich  stopped  the  William 
P.  Frye  on  tlie  high  seas  January  27.  1915,  and  .searched  her.  He 
found  on  board  a  cargo  of  wheat  consigned  to  Queenstown,  Falmouth, 
or  Plymouth  to  order.  After  he  had  first  tried  to  remove  the  cargo 
from  the  William  P.  Fryc  he  took  the  ship's  papers  and  her  crew 
on  hoard  and  sank  ship. 

It  results  from  these  facts  that  the  German  commander  acted  quite 
in  accordance  with  the  principles  of  international  law  as  laid  down 
in  the  Declaration  of  London  and  the  German  prize  ordinance.  The 
ports  of  Queenstown,  Falmouth,  and  Plymouth,  whither  the  ship 
visited  was  bound,  are  strongly  fortified  English  coast  places,  which, 
moreover,  serve  as  bases  for  the  British  naval  forces.  The  cargo  of 
wheat  being  food  or  foodstuffs,  was  conditional  contraband  within 
the  meaning  of  Article  24,  No.  1,  of  the  Declaration  of  London,  and 
Article  23,  No.  1,  of  the  German  prize  ordimnee,  and  was  therefore 
to  be  considered  as  destined  for  the  armed  forces  of  the  enemy,  pur- 
suant to  Articles  :;:!  and  34  of  the  Declaration  of  London  and  Articles 
32  and  33  of  the  German  prize  ordinance,  and  to  be  treated  as  contra- 


THE  UNITED  STATES  AND  GERMANY 


177 


band  pending  proof  of  tlic  contriiry.  This  proof  was  certainly  not 
capiibk'  of  boiiisr  uddiicid  at  tlic  time  of  the  visiting  of  the  vessel, 
sinee  the  enrgo  paju-rs  nsul  to  or<icr.  This,  however,  furnished  tiie 
eonditioi'S  under  wliieli,  purMiiiiit  to  Article  49  of  the  Declaration  of 
London  and  Article  IIH  of  the  (ieniian  prize  oni.nanee  the  sinking 
of  the  ship  Wiis  permissible,  since  it  was  not  possible  lor  the  auxiliary 
cruiser  to  take  the  prize  into  a  Gerinau  port  without  involving:  danger 
to  its  own  security  or  the  sueees.s  of  its  operations.  The  duties  devolv- 
ing upon  the  cruiser  before  destruction  of  the  ship,  pursuant  to  Article 
5U  (d  the  Declaration  of  London  and  Article  lltj  of  the  (Jerman  prize 
ordinance,  were  fulfilled  by  the  cruiser  in  that  it  took  on  board  all 
the  persons  Manid  on  the  sailing  ves.sel,  as  well  as  the  ship's  piiiiers. 

The  leg.dity  of  the  measures  taken  by  the  German  eounuander  is 
furtherniore  sidi.jeet  to  e.\ainination  by  the  German  prize  court  pur- 
suant to  Arti  -ie  .">1  of  the  Declaration  of  Londf)n  and  section  ],  No.  2, 
of  the  (iernian  Code  of  Prize  Procedure.  These  prize  proccei'ings 
will  be  instituted  before  the  prize  court  at  Hamburg  as  soon  as  the 
ship's  papers  arc  receive;!  and  will  cotnprise  the  settlement  of  ques- 
tions whclher  the  destniction  of  the  cargo  and  the  ship  was  necessary 
within  the  meaning  of  Article  4!)  of  the  Declaration  of  London; 
whether  the  propert.v  sinik  was  liable  to  capture;  and  whether,  or  to 
what  extent,  indenniity  is  to  be  awarded  the  owners.  In  the  trial 
the  owners  of  ship  and  cargo  would  be  at  liberty,  pursuant  to  Article 
34.  paragraph  3.  of  the  Declaration  of  London,  to  adduce  proof  that 
the  cargo  of  wheat  had  an  innocent  destination  and  did  not.  there- 
fore, have  the  character  of  contraband.  If  sueh  proof  is  not  adduced, 
the  German  Government  would  not  be  liable  for  any  compensation 
whatever,  according  to  tlic  general  principles  of  international  law. 

However,  the  legal  situation  is  somewhat  different  in  the  light  of 
the  special  stipulations  applicable  to  the  relations  between  Germany 
and  the  United  States  since  Article  13  of  the  Prussian-American  treaty 
of  friendship  and  commerce  of  July  11.  1799,  taken  in  connection 
with  Article  12  of  Prus.sian -American  treaty  of  commerce  and  navi- 
gation of  May  1.  1828.  provides  that  contraband  belonging  to  the 
sub.iects  or  citizens  of  either  party  cannot  be  coufisL'ated  by  the  other 
in  any  case  but  only  detained  or  used  in  consideration  of  payment  of 
the  full  value  of  the  same.  On  the  ground  of  this  treaty  stipulation 
which  is  as  a  mattf  of  course  binding  on  the  German  prize  court 
the  American  owners  of  ship  and  cargo  would  receive  compensation 
even  if  the  court  should  declare  the  cargo  of  wheat  to  be  contraband. 
Nevertheless  the  approaching  prize  proceedings  are  not  rendered 
superfluous  since  the  competent  prize  court  must  examine  into  the 
legality  of  the  capture  and  destruction  and  also  pronounce  upon  the 
standing  of  the  claimants  and  the  amount  of  indemnity. 

The  undersigned  begs  to  suggest  that  the  Ambassador  bring  the 
above  to  the  knowledge  of  his  Government  and  avails  himself,  etc. 

(Signed)        J.\go\v. 

April  4,  1915. 

Geilvrd. 


w 


;;i 


•i:t 


178         DIPLOMATIC  CORRESPONDENT i:  BETWEEN 

The  Secietanj  of  State  to  Ambassador  Gerard. 

Department  oi'  State, 
Washintfton,  April  28.  1915. 
You  are  instructed  to  present  the  following  note  to  the  German 
Foreign  Office: 

In  reply  to  Your  E.xcelleney's  note  of  the  5th  instant,  which  the 
Government  of  the  Unitoil  States  understands  admits  the  liability 
of  the  Imperial  Germnn  Government  for  the  damages  resulting  from 
the  sinking  of  the  American  sailing  vessel  IViV/iom  P.  Frye  by  the 
German  auxiliary  cruiser  Prinz  Eitel  Friedriih  u  January  28  last. 
I  have  the  honor  to  say,  by  direction  of  my  Government,  that  while 
the  promptness  with  which  the  Imperial  German  Government  has 
admitted  its  liability  is  highly  appreciated,  my  Government  feels 
that  it  would  be  inappropriate  in  the  circumstances  of  this  case,  and 
would  involve  unnecessary  delay  to  adopt  the  suggestion  in  your 
note  that  the  legality  of  the  capture  and  destruction,  the  standing  of 
the  claimants,  and  the  amount  of  indemnity  should  be  submitted  to 
a  prize  court.  . 

Unquestionably  the  destruction  of  this  vessel  was  a  violation  of  the 
obligations  imposed  upon  the  Imperial  German  Government  under 
existing  treaty  stipulations  between  the  United  States  and  Pnissia, 
and  the  United  States  Government,  by  virtue  of  its  treaty  rights, 
has  presented  to  the  Imperial  German  Government  a  claim  for  indem- 
nity on  account  of  the  resulting  damages  suffered  by  American  citi- 
zens. The  liability  ;f  the  Imperial  German  Government  and  the 
standing  of  the  clair.\aii'8  as  American  citizens  aad  the  amount  of 
indemnity  are  all  quc.Uvns  which  lend  themselves  to  diplomatic  nego- 
tiation between  the  two  Governments,  and  happily  the  question  of 
liability  has  already  been  settled  in  that  way.  The  status  of  the 
claimants  and  the  amount  of  the  indemnity  are  the  only  questions 
remaining  to  be  settled,  and  it  is  appropriate  that  they  ".hould  be 
dealt  with  in  the  same  '-ay. 

The  Government  of  the  United  States  fully  understands  that,  as 
stated  in  Your  Excellency's  note,  the  German  Government  is  liable 
under  the  treaty  provisions  above  meutioued  for  the  damages  arising 
from  the  destruction  of  the  cargo  as  well  as  from  the  destruction  of 
the  vessel.  But  it  will  be  observed  that  the  claim  under  discussion 
does  not  include  damages  for  the  destruction  of  the  cargo,  and  the 
question  of  the  value  of  the  cargo  therefore  is  not  involved  in  the 
present  discussion. 

The  Government  of  the  United  States  recognizes  that  the  German 
Government  will  wish  to  be  satisfied  as  to  the  American  ownership 
of  the  vessel,  and  the  amount  of  the  damages  sustained  in  consequence 
of  her  destruction. 

Those  matters  are  readily  nstertainable  and  if  the  German  Gov- 
ernment desires  any  further  evidence  in  sub.stantiation  of  the  claim 
on  these  points  in  addition  to  that  furnished  by  the  ship's  papers, 


THE  UNITED  STATES  AND  GERMANY 


179 


which  arc  already  in  the  possewion  of  the  Oerninn  Government,  any 
additional  evidence  found  necen-ary  will  o?  produced.  In  that  case, 
however,  inasmuch  an  any  evidence  which  the  German  Government 
may  wish  to  have  produced  in  more  accessible  and  can  more  con- 
veniently be  examined  in  the  United  Siates  than  tlsewhere,  on  account 
of  the  presence  there  of  the  owners  and  captain  of  the  U'lV/iam  I'. 
Frye  and  their  documentary  records,  and  other  possible  witnesses, 
the  Government  of  the  United  States  ventures  to  su«(?e!,.  the  advisa- 
bility of  transferring  the  negotiations  for  tiio  sottKiucnt  of  these 
points  to  the  Imperial  German  Embassy  at  Washington. 

In  view  of  the  admission  of  liability  by  reason  of  spoeifi.-  treaty 
stipulations,  it  has  become  unnecessary  tocnter  into  a  discussion  of 
the  meaning  and  effect  of  the  Declaration  of  London,  which  is  given 
some  prominence  in  Your  Excellency's  note  of  April  5.  further  than 
to  say  that,  as  the  German  Government  has  already  been  advised,  the 
Government  of  the  United  States  does  not  regard'the  Declaration  of 
London  as  in  force.  Brtan. 


Ambassador  Oerard  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 
Berlin.  June  7,  1915. 
The  following  is  the  text  of  the  reply  of  the  German  Government 
in  the  Frye  case : 

The  undersigned  has  the  honor  to  make  the  following  reply  to  the 
note  of  His  Excellency  Mr.  James  W  Gerard,  Ambassador  of  the 
United  States  of  America,  dated  April  30.  1915  (F.  O.  No.  3291), 
on  the  subject  of  the  sinking  of  the  Anit>rican  sailing  vessel  William 
P.  Frye  by  the  German  auxiliary  cruiser  Prin:  Eifcl  Friedrich: 

The  German  Government  cannot  admit  that,  as  the  American 
Government  assumes,  the  destruction  of  the  saiiinp-  vessel  mentioned 
constitutes  a  violation  of  the  treaties  concluded  between  Prussia  and 
the  United  States  at  an  earlier  date  and  now  applicable  to  the  rela- 
tions between  the  German  Empire  and  the  United  States  or  of  the 
American  rights  derived  therefrom.  For  these  treaties  did  not  have 
the  intention  of  depriving  one  of  the  contracting  parties  engaged  in 
war  of  the  right  of  stopping  the  supply  of  contraband  lo  his  enemy 
when  he  recognizes  the  supply  of  such  articles  as  detrimental  to  his 
military  interests.  On  the  contrary.  Article  13  of  the  Prussian- 
American  Treaty  of  July  11,  1799,  expressly  reserves  to  the  party 
at  war  the  right  to  stop  the  carrying  of  contraband  and  to  detain 
the  contraband;  it  follows  then  that  if  it  cannot  be  accomplished  in 


t-Wt 


f 


"CM 


N  ' 


180         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

•nv  other  way   thf  rtopninK  of  the  mipply  may  in  th.'  pxtrerne  ia»e 
K  cffec."l  by  the  .Icatm.tion  of  th.  contrabnn.l  ami  of  the  «h.p 
5jr^in7   .     A«  a  mattor  of  .num.,  th-  ohiiKutiou  of  th.-  party  a 
var  to  pay  ooinpcnmitiou  to  the  interontcl  p.«rso,„  of  the  mntral 
routrac-tinV  party  rcmaint  in  fon-e  whatever  bo  the  manner  ot  «top- 

^'" AcToS'to  general  prineiplen  of  international  law    any  exer- 
ei.e  of  the  ripht  of  control  over  the  trade  in  eontrabaml  .m  sub  ect 
5o  the\eei8ion  of  the  Prize  Courts,  even  thoujrh  mvh  r.pht  may  be 
reH  rfet  '.1  bv  Hpeeial  treaties.    At  the  bepinninff  of  the  present  war 
0™.;'  pi^rnllant  to  those  prineiplcs.  established  by  law  Prue  jnru.^ 
dietiou  for  eases  of  the  kind  under  eonsideration.    The  ease  ot  the 
^VlZml\  Fr„c  in  likewise  subject  to  the  (lerman  pnze  Jt";'«^lf;:'"- 
Jo    ti.  Prus.ian.Amerie„n  Treaties  mentione.l  '■.«"»?'"  »°;,;P;";\'°? 
aH  to  how  the  ai.iount  of  the  eompongntion  provided  by  Arti<  le  1.J  ol 
fhe  trea  V  eited  is  to  be  fix..!.     The  German  Oovern,ne..t,  there  ore. 
eomE W   h  its  treaty  oblit'ations  to  a  full  extent  when  the  Pr.ze 
StH  inst  tuted  bv  it  in  aeeonlunee  with  international  lav  pmeed 
in  Srs  See  of  the  treaty  stipulations  and  thus  award  the  Amenean 
ntereste     persons  e.p.itable  indemnity.     There  would,  tl.ere  ore,  be 
,0  foundation  for  a  elaim  of  the  Ameriean  Government,  unless    he 
Prize  Courts  should   not   pant   in.iemnity   in   aeeordanee   with   the 
fi^atv    h"  sueh  an  ev.nt.  however,  the  German  Governmen    would 
^ot    >;« itute  to  arrange   for   equitable  indemnity   notwithstanding. 
For    he  rest.  pri/.e  pn.eeedings  in  the  ease  of  -u'  Fn,c  '•'•f'  'nd';- 
p.  sable  apar    from  the  A.neriean  e'iims.  for  t      reason  tl'nt  other 
elaims  of  neutral  and  enemy  interested  parties  are  to  be  considered 

'"  As  wasTtated  in  the  note  of  April  4  last,  the  Prize  Court  will 
havf  to  decide  the  .piestioiis  whether  the  destruction  ot  the  ship  and 
iario  was  cia  ;  whether  and  under  what  coud.t  ons  the  property 
sunk  was  liable  to  eonfiscntion.  and  to  whom  and  in  what  amount 
indemnity  is  to  be  paid  provi.led  applicatioi,  therefor  .s  received 
Sinerie  decision  of  the  Prize  Court  must  first  be  awaited  before 
arfurther  position  is  taken  by  the  German  Government,  the  simplest 
way  for  the  Ameriean  interested  parties  to  settle  their  clanns  would 
be  to  enter  them  in  the  competent  quarter  in  accordance  with  the 
provisions  of  the  German  Code  of  Prize  Procedure.  ,  ,  .  ^, 
^  The  undersigned  begs  to  suggest  that  the  Ambassador  bring  the 
above  to  the  knowledge  of  his  Government,  and  avails  h'm^lf  at 
the  same  time  of  the  opportunity  to  renew  the  assurances  of  his  most 
distinguished  eonsideration.  ^^.^^^^  ^  j^^^^^, 

Gerard. 


THE  rXITED  STATEH  AND  GERMANY 


ISl 


The  Stcrttnry  of  Stair  to  Amba.iitidor  Gerard. 

|T<'lt'grnin.| 

Dk.i'artment  dp  State,  ^ 
\\'ii.\liiiiiiloii,  Jiinr  21.  1915. 

Vou  aro  instructed  to  present  the  following  note  to  the  (Jerman 

MinisM-r  of  Foreign  Affairs : 

I  have  thi'  honor  to  inform  Your  Exccllfncy  that  I  iluly  oommnni- 
rated  to  my  Government  your  note  of  the  7th  instant  on  tiie  dub- 
jet't  of  the'elaim  presented  in  my  note  ot  April  ;id  last,  on  behalf 
of  the  owiiiTH  and  eaptain  of  the  Ameriean  (tailinif  vessel  William  /'. 
Frill  in  eoiise<|uenee  of  her  dcstruetion  by  the  German  auxiliary 
eruiser  Friiu  Kitel  Friitlrith. 

In  reply  I  am  instrueted  by  my  Government  to  nay  that  it  ban 
ean-fiilly  eonsidered  the  reasons  (jiven  by  the  Imperial  German  (Jov- 
ernnient  for  urping  that  this  elaim  shouhl  be  passed  upon  by  tlie 
Germ.ni  Prize  Conrt  inHtea<l  of  being  vttled  by  direct  diplomat;.- 
discussio!)  between  the  two  Goveriinients,  as  proiiased  by  the  Govern- 
ment of  the  United  States,  and  tliiit  it  reprets  to  find  that  it  eannot 
eoneur  in  the  ('onelusions  reailied  '.>y  the  Imperial  Gemmn  Govern- 
ment. 

As  pointed  out  in  my  lust  note  to  you  on  this  subjeet.  dated  Aprd 
30,  the  Government  of  the  United  States  has  .onsidered  that  the  only 
question  under  diseussion  was  the  method  wliieli  should  be  adopted 
for  asoertaininff  the  amount  of  the  indemnity  to  be  paid  under  an 
admitted  liability,  and  it  notes  with  surprise  that  in  addition  to  this 
question  the  Imperial  German  Government  now  desires  to  raise  some 
questions  as  to  the  meaniufr  and  effeet  of  the  treaty  stipulations  under 
which  it  has  admitted  its  liability. 

If  the  Government  of  the  United  States  correctly  understands  the 
position  of  the  Imperial  German  Government  as  now  presented,  it  is 
that  the  provisions  of  Article  IS  of  the  Treaty  of  1799  between  thb 
United  States  and  Prussia,  which  is  continued  in  force  by  the  Treaty 
of  1828.  .iustitiev.  he  commander  of  the  Priiiz  Eiid  Friedrkh  in 
sinking'  the  W.Ji'am  F.  Friii ,  although  makini;  the  Imperial  German 
Government  liable  for  the  damaaes  sutlercl  in  consequence,  and  that 
inasmuch  as  the  treaty  provides  no  specific  method  for  ascertaining 
the  amount  of  indemnity  to  be  paid,  that  question  must  be  submitted 
to  the  German  Prize  Court  for  determination. 

The  Government  of  the  United  States,  on  the  other  hand,  does 
not  find  in  the  treaty  .stipulations  mentioned  any  justill' '^tion  for 
the  sinking  of  the  Fnjc,  and  does  not  consider  that  the  Ge.man  Prize 
Court  has  any  jurisdiction  over  the  question  of  the  amourt  of  ind-m- 
nity  to  be  paid  by  the  Imperial  German  Government  on  account  of 
its  admitted  liability  for  the  destruction  of  an  American  vessel  on 
the  high  .seas. 

You  state  in  vour  note  of  the  TtU  instant  that  Article  13  of  the 


'I'J 


I  41 


« 


i 


It- 


]. 


i 


182         DIILOMATIC  CORRESPONDENCE  BETWEEN 

above-mentioned  treaty  of  1799  "expressly  reserves  to  the  party  at 
war  the  rigiit  to  stop  the  carrying  of  contraband  and  to  detain  the 
contraband ;  it  follows  then  that  if  it  cannot  be  accomplished  in  any 
other  way,  the  stopping  of  the  supply  may  in  the  extreme  case  be 
effected  by  the  destruction  of  the  'ontraband  and  of  the  ship 
carrying  it."  ... 

The  Government  of  the  United  States  cannot  concur  in  this  con- 
clusion. On  the  contrary,  it  holds  that  these  treaty  provisions  do 
not  authorize  the  tlestruction  of  a  neutral  vessel  in  any  circumstances. 
By  its  express  terms  the  treaty  prohibits  even  the  detention  of  a 
neutral  vessel  carrying  contraband  if  the  master  of  the  vessel  is 
willing  to  surrender  the  contraband.  Article  13  provides  "in  the 
case  supposed  of  a  vessel  stopped  for  articles  of  contraband  if  the 
master  of  the  vessel  stopped  will  deliver  out  the  goods  supposed  to 
be  of  contraband  nature,  he  shall  be  admitted  to  do  it,  and  the  vessel 
shall  not  in  that  case  be  carried  into  any  port,  nor  further  detained, 
but  shall  be  allowed  to  proceed  on  her  voyage." 

In  this  case  the  admitted  facts  show  that  pursuant  to  orders  from 
the  commander  of  the  German  cruiser,  the  master  of  the  Frye  under- 
took to  throw  overboard  the  cargo  of  that  vessel,  but  that  before  the 
work  of  delivering  out  the  cargo  was  finished  the  vessel  with  the 
cargo  was  sunk  by  order  of  the  German  commander. 

For  these  reasons,  even  if  it  be  assumed  as  Your  Excellency  has 
done,  that  the  cargo  was  contraband,  your  contention  that  the  destruc- 
tion of  the  vessel  was  justified  by  the  provisions  of  Article  13  does 
not  seem  to  be  well  founded.  The  Government  of  the  United  States 
has  not  thought  it  necessarj'  in  the  discussion  of  this  case  to  go  into 
the  question  of  the  contraband  or  noncontraband  character  of  the 
cargo.  The  Imperial  German  Government  has  admitted  that  this 
question  makes  no  diffo rente  so  far  as  its  liability  for  damages  is 
concerned,  and  the  result  is  the  same  so  far  as  the  justification  for 
the  sinking  of  the  vessel  is  concerned.  As  shown  above,  if  we  assume 
that  the  cargo  was  contraband,  the  master  of  the  Frye  should  have 
been  allowed  to  deliver  it  out,  and  the  vessel  should  have  been  allowed 
to  proceed  on  her  voyage. 

On  the  other  hand,  if  we  assume  that  the  cargo  was  noncontra- 
band. the  destruction  either  of  the  cargo  or  the  vessel  could  not  be 
justified  in  the  circumstances  of  this  case  under  any  accepted  rule 
of  international  law.  Attention  is  also  called  to  the  provisions  of 
Article  12  of  the  Treaty  of  1785  between  the  United  States  and 
Prussia,  which,  like  Article  13  of  the  Treaty  of  1799,  was  continued 
in  force  by  Article  12  of  the  Treaty  of  1»28.  So  far  as  the  pro- 
visions of  Article  12  of  the  Treaty  of  1785  apply  to  the  question 
under  consideration,  they  are  as  follows: 

"If  one  of  the  contracting  parties  should  be  engaged  in  war  with 
any  other  Power,  the  free  intercourse  and  commerce  of  the  subjects 
or  citizens  of  the  party  remaining  neuter  with  the  belligerent  Powers 
shall  not  be  interrupted,  'm  the  contrary,  in  that  case,  as  in  full 
peace  the  vessels  of  the  neutral  party  may  navigate  freely  to  and 


THE  UNITED  STATES  AND  GERMANY 


183 


from  the  ports  and  on  thr  coasts  of  the  belligerent  parties,  free  vessels 
making  free  goods,  inhoraiuli  that  all  things  shnil  be  adjudged  free 
whieh  shall  be  on  bonrd  any  vessel  belonging  to  the  neutral  partj". 
although  such  things  belong  to  an  enemy  of  the  other." 

It  seems  clear  to  the  Government  of  the  United  States,  therefore, 
that  whether  the  cargo  of  the  Fryc  is  regarded  as  contraband  or  as 
noncontraband,  the  destruction  of  the  vessel  was,  as  stated  in  my 
previous  communication  on  this  subject,  "a  violation  of  the  obliga- 
tions imposed  upon  the  Imperial  German  Government  under  existing 
treaty  stipulations  between  the  United  States  and  Prussia." 

For  thesi  '^easons  the  Government  of  the  United  States  must  dis- 
agree with  the  contention  which  it  understands  is  now  made  by  the 
Imperial  German  Government  that  an  American  vessel  carrying  con- 
traband may  be  destroyed  without  liability  or  accountability  beyond 
the  payiuent  of  such  compensation  for  damages  as  may  be  fixed  by 
a  German  Prize  Court.  The  issue  thus  presented  arises  on  a  disputed 
interpretation  of  treaty  provisions,  the  settlement  of  which  requires 
direct  diplomatic  discussion  between  the  two  Governments,  and  can- 
not properly  be  based  upon  the  decision  of  the  German  Prize  Court, 
which  is  in  no  way  conclusive  or  binding  upon  the  Government  of 
the  United  States. 

Moreover,  even  if  no  disputed  question  of  treaty  interpretation 
was  involved,  the  admission  by  the  Imperial  German  Government 
of  its  liability  for  damages  for  sinking  the  vessel  would  seem  to 
make  it  unnucessai-y,  so  far  as  this  claim  is  concerned,  to  ask  the 
Prize  Court  to  decide  "whether  the  destruction  of  the  ship  and  cargo 
was  legal,  and  whether  and  under  what  conditions  the  property  sunk 
was  liable  to  confiscation,"  which,  you  state  in  your  note  dated  June 
7,  are  questions  which  should  be  decided  by  the  Prize  Court.  la  so  far 
as  these  questions  relate  to  the  cargo,  they  are  outside  of  the  present 
discussion,  because,  as  pointed  out  in  my  previous  note  to  you  on  the 
subject  dated  April  30,  "the  claim  under  discussion  does  not  include 
damages  for  the  destruction  of  the  cargo." 

The  real  question  between  the  two  Governments  is  what  repara- 
tion must  be  made  for  a  breach  of  treaty  obligations,  and  that  is  not 
a  question  which  falls  within  the  jurisdiction  of  a  Prize  Court. 

In  my  first  note  on  the  subject  the  Government  of  the  United 
States  requested  that  "full  reparation  be  made  by  the  Imperial  Ger- 
man Government  for  the  destruction  of  the  William  P.  Fnjc." 
Reparation  necessarily  includes  an  indemnity  for  the  actual  pecuniary 
loss  sustained,  and  the  Government  of  the  United  States  takes  this 
opportunity  to  assure  the  Imperial  German  Government  that  such  an 
indemnity,' if  promptly  paid,  will  be  accepted  as  satisfactory  repara- 
tion, but  it  does  not"  rest  with  a  Prize  Court  to  determine  what 
reparation  should  be  made  or  wliat  reparation  would  be  satisfactory 
to  the  Government  of  the  United  States. 

Your  Excellency  states  in  your  note  of  June  7  that  in  the  event  the 
Prize  Court  should  not  griinl  indemnity  in  accordanfi'  with  the  treaty 
requirements,  tbe  German  Government  would  not  hesitate  to  arrange 


III 

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184        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

for  equitable  indemnity,  but  it  is  also  necessary  that  the  Government 
of  the  United  States  should  be  satisfied  with  the  amount  of  the  indem- 
nity, and  it  would  seem  to  be  more  appropriate  and  convenient  that 
an  arrangement  for  equitable  indemnity  should  be  agreed  upon  now 
rather  than  later.  The  decision  of  the  Prize  Court,  even  on  the  ques- 
tion of  the  amount  of  indemnity  to  be  paid,  would  not  be  binding  or 
conclusive  on  the  Government  of  the  United  States. 

The  Government  of  the  United  States  also  dissents  from  the  view 
expressed  in  your  note  that  "there  would  be  no  foundation  for  a  claim 
of  the  American  Government  unless  the  Prize  Courts  should  not  grant 
indemnity  in  accordance  with  the  treaty."  The  claim  presented  by 
the  Atiici-ican  Government  is  for  an  indemnity  for  a  violation  of  a 
treaty,  in  distinction  from  an  indemnity  in  accordance  with  the  treaty, 
and  therefore  is  a  matter  for  adjustment  by  direct  diplomatic  dis- 
cussion between  the  two  Governments  and  is  in  no  way  dependent 
upon  tlie  action  of  a  German  Prize  Court. 

For  the  reasons  above  stated  the  Government  of  the  United  States 
cannot  recognize  the  propriety  of  submitting  the  claim  presented  by 
it  on  Iichalf  of  the  owners  and  captain  of  the  Fnjc  to  the  German 
Prize  Court  for  settlement. 

The  Government  of  the  United  States  is  not  coneerned  with  any 
proceedings  which  the  Imperial  German  Government  may  wisli  to 
take  on  '-other  claims  of  neutral  and  enemy  interested  parties"  which 
have  not  been  presented  by  the  Governinont  of  the  United  States,  but 
which  you  state  in  >our  note  of  June  7  make  Prize  Court  proceed- 
ings in  this  case  indispensable,  and  it  does  not  perceive  the  necessity 
for  postponing  the  settlement  of  the  present  claim  pending  the  con- 
sideration of  those  other  claims  by  the  Prize  Court. 

The  Government  of  the  United  States,  therefore,  suggests  that  the 
Imperial  German  Government  riconsider  the  subject  in  the  light  of 
t>'ese  considerations,  and  becaiisi'  of  the  objections  against  resorting 
to  tiie  Prize  Court  the  Government  of  the  U"ited  States  renews  its 
former  suggestion  that  an  effort  be  made  to  settle  this  claim  by  direct 
diplomatic  negotiations.  Lansing. 

Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy. 
Berlin.  Jnhj  30,  1915. 
Following  note  received: 

FoREioN  Office,  Berlin,  July  30.  191"). 
Tlie  umlcrsigned  has  tlie  honor  to  inform  His  Excellency,  Mr. 
Jami's  \V.  Gerard,  Ambassador  of  the  United  States  of  America, 
in  replv  to  the  note  of  the  26th  ultimo,  Foreign  Office  No.  3990,  on 
the  subject  of  the  sinking  of  the  American  merchant  vessel  William 
P.  Fnie  l)v  the  (German  auxiliary  cruiser  Prin;  Eitcl  Friedrich,  that 
the  points  of  view  brought  out  in  the  note  have  been  carefully  exam- 


THE  UNITED  STATES  AND  GERMANY 


185 


ined  by  the  Imperial  German  Government.  This  examination  has 
led  to  the  following  conclusions: 

The  Government  of  the  United  States  believes  that  it  is  incum- 
bent upon  it  to  take  the  position  that  the  treaty  rights  to  which 
America  is  entitled,  as  contained  in  Article  12  of  the  Prussian- 
American  treaty  of  amity  and  commerce  of  September  10,  1785,  in 
Article  13  of  the  Prussian-American  treaty  of  amity  and  commerce 
of  July  11,  1799,  were  violated  by  the  sinking  of  the  William  I'.  Fnje. 
It  interprets  these  articles  as  meaning  that  a  merchantman  of  the 
neutral  contracting  party  carrying  contraband  cannot  in  any  cir- 
cumstances be  destroyed  by  a  warship  of  the  belligerent  contracting 
party,  and  that  the  sinking  of  the  William  P.  Fryr  was,  therefore, 
in  violation  of  the  treaty,  even  if  her  cargo  should  have  consisted  of 
contraband,  which  it  leaves  outside  of  the  discussion. 

The  German  Government  I'OTinot  accept  this  view.  It  insists  as 
heretofore  that  the  commander  of  the  German  auxiliary  cruiser  acted 
in  the  legal  e.xercise  of  the  right  of  control  of  trade  in  eontraband 
enjoyed  by  warships  of  belligerent  nations,  and  that  the  treaty  stipu- 
lations mentioned  merely  oblige  the  German  Government  to  make  com- 
pensation for  the  damage  sustained  by  the  American  citizens  con- 
cerned. 

It  is  not  disputed  by  the  American  Government  that,  according 
to  general  principles  of  international  law,  a  belligerent  is  authorized 
in  sinking  neutral  vessels  under  almost  any  conditions  for  carrying 
contraband.  As  is  well  known,  these  principles  ..ere  laid  down  in 
Articles  49  and  50  of  the  Declaration  of  London,  and  were  recognized 
at  that  time  by  the  duly  empowered  delegates  of  all  the  nations  which 
participated  in  the  conference,  including  the  American  delegates,  to 
be  declarative  of  existing  international  law  (see  preliminary  clause 
of  the  Declaration  of  London) ;  moreover,  at  the  beginning  of  the 
present  war,  the  American  Government  proposed  to  the  belligerent 
nations  to  ratify  the  Declaration  of  London  and  give  its  provisions 
formal  validity  also. 

The  German  Government  has  already  explained  in  its  note  of 
April  4  last  for  what  reasons  it  considers  that  the  conditions  justify- 
ing the  sinking  under  international  law  were  present  in  the  case  of 
the  Wi'Uam  P.  Fri/e.  The  cargo  consisted  of  conditional  contraband, 
the  destination  of  which  for  the  hostile  armed  forces  was  to  be  pre- 
sumed under  the  circumstances;  no  proof  to  overcome  this  presump- 
tion has  been  furnished,  llore  than  half  the  cargo  of  the  vessel  was 
contraband,  so  that  the  vessel  was  liable  to  confiscation.  The  attempt 
to  bring  the  American  vessel  into  a  German  port  would  have  greatly 
imperiled  the  Germnn  vessel  in  the  given  situation  of  the  war,  and 
at  any  rate  practically  defeated  the  success  of  her  further  operations. 
Thus  the  authority  for  sinking  the  ves-sel  was  given  according  to 
general  principles  of  international  law. 

There  only  remains  then  to  be  examined  the  question  how  far  the 
Prussian-American  treaty  stipulations  modify  these  principles  of 
international  law. 


t 


I 


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m 


186         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

In  this  connection  Article  12  of  the  treaty  of  1783  provides  that 
in  the  event  of  a  war  between  one  of  the  contracting  parties  with 
another  power  the  free  commerce  and  intercourse  of  the  natioi  .s  ot 
the  party  remaining  neutral  with  the  belligerent  powers  shall  not  be 
interrupted,  but  that  on  the  contrary  the  vessel  of  the  neutral  party 
may  navigate  freely  to  and  from  the  ports  of  the  belligerent  powers, 
even  neutralizing  enemy  goods  on  board  thereof.  However,  this 
article  merelv  formulates  general  rules  lor  the  freedom  of  maritime 
intercourse  and  leaves  the  question  of  contraband  untouched;  the 
specitic  stipulations  on  this  point  are  contained  in  the  following 
article,  which  is  materially  identical  with  Article  13  of  the  treaty  of 
1799  now  in  force.  . , 

The  plain  intention  of  Article  13  is  to  establish  a  reasonable  com- 
promise between  the  military  interests  of  the  belligerent  contracting 
party  and  the  commercial  interests  of  the  neutral  party.  On  the  one 
hand  the  belligerent  party  is  to  have  the  right  to  prevent  the  trans- 
portation cf  war  supplies  to  his  adversaries  even  when  earned  on 
vessels  of  the  neutral  party;  on  the  other  hand  the  commerce  and 
navigation  of  the  neutral  party  is  to  be  interfered  with  as  little  as 
possible  by  the  measures  necessary  for  such  prevention,  and  reason- 
able compensation  is  to  be  paid  for  any  inconvenience  or  damage 
which  may  nevertheless  ensue  from  the  proceeding  ot  the  belligerent 

Article  13  recites  the  following  means  whereby  the  belligerent 
party  can  prevent  the  vessels  of  the  neutral  party  from  carrying  war 
supplies  to  his  adversary.  The  detention  of  the  ship  and  cargo  for 
such  length  of  time  as  the  belligerent  may  think  necessary ;  further- 
more the  taking  over  of  the  war  stores  for  his  own  use,  paying  the 
full  value  of  the  same  as  ascertained  at  the  place  of  destination.  The 
right  of  sinking  is  not  mentioned  in  the  treaty  and  is  therefore  neither 
expressly  permitted  nor  expressly  prohibited,  so  that  on  this  point 
the  party  stipulations  must  be  supplemented  by  the  general  rules  ot 
international  law.  From  the  meaning  and  spirit  of  the  treaty  it 
really  appears  out  of  the  question  that  it  was  intended  to  expect  ot 
the  belligerent  that  he  should  permit  a  vessel  loaded  with  contraband, 
for  example  a  shipment  of  arms  and  ammunition  of  decisive  impor- 
tan'e  for  the  outcome  of  the  war,  to  proceed  unhindered  to  Ins  enemy 
when  circumstances  forbid  the  carrying  of  the  ves.sel  into  port,  if  the 
General  rules  of  international  law  allow  sinking  of  the  vessel. 

The  remaining  stipulations  of  Article  13  must  likewise  be  consid- 
ered in  this  light ;  they  provide  that  the  captain  of  a  vessel  stopped 
shall  be  allowed  to  proceed  on  his  voyage  if  he  delivers  out  the  con- 
traband to  the  warship  which  stopped  his  vessel.  For  such  delivering 
out  cannot  of  course  he  considered  when  the  ensuing  loss  of  tune 
imperils  either  the  warship  herself  or  the  success  of  her  other  oper- 
ations. In  the  case  of  the  William  P.  Fritr  the  (Jerman  commander 
at  first  tried  to  have  matters  settled  by  ihe  delivery  of  contraband, 
but  convinced  himself  of  the  impracticability  of  this  attempt  in  that 
it  would  expose  his  ship  to  attack  by  whatever  superior  force  of 


rUi 


THE  UNITED  STATES  AND  GERMANY 


187 


enemy  war  vessels  pursuing  him  and  was  accordingly  obliged  to 
determine  upon  the  sinking  of  the  Frije.  Thus  he  did  not  txeeed  on 
this  point  the  limits  to  which  he  was  bound  by  Article  13. 

However,  Article  13  asserts  itself  here  to  the  extent  that  it  founds 
the  obligation  to  compensate  the  American  citizens  affected,  wiiereas 
according  to  the  general  rules  of  international  law  the  belligerent 
party  does  not  need  to  grant  compensation  for  a  vessel  lawfully  sunk. 
For  if,  by  Article  13,  the  mere  exercise  of  right  of  highways  makes 
the  belligerent  liable  for  compensation,  this  must  apply  a  fortiori 
to  the  exercise  of  the  right  of  sinking. 

The  question  whether  the  German  commander  acted  legally  was 
primarily  a  subject  for  the  consideration  of  the  German  prize  courts 
according  to  general  principles  of  international  law  as  laid  down; 
also  in  Article  1  of  The  Hague  Convention  for  the  establishment  of 
an  international  prize  court  and  in  Article  51  of  the  Declaration  of 
London.  The  German  Government  conscqucntlj'  laid  the  case  of 
William  P.  Frye  before  the  competent  prize  court  at  Hamburg,  as 
was  stated  in  its  note  of  the  7th  ultimo.  This  court  found  by  its 
judgment  cf  the  10th  instant  that  the  cargo  of  the  American  vessel 
Wiiliam  P.  Frye  was  contraband,  that  the  vessel  could  not  be  carried 
into  port,  and  that  the  sinking  was  therefore  justified;  at  the  same 
tin  I  the  court  expressly  recognized  the  validity  of  the  Prussian- 
American  treaty  stipulations  severally  mentioned  for  the  relations 
between  the  German  Empire  and  America,  so  that  the  sinking  of  the 
ship  and  cargo,  so  far  as  American  property,  makes  the  German 
Empire  liable  for  indemnity.  The  prize  court  was  unable  to  fix  the 
indemnity  itself,  since  it  had  no  data  before  it,  failing  the  receipt  of 
the  necessary  detail  from  the  parties  interested. 

It  will  now  be  necessary  to  settle  these  points  in  a  different  way. 
The  German  Government  suggests  as  the  simplest  way  that  each  of  the 
two  Governments  designate  an  expert,  and  that  the  two  experts  jointly 
fix  the  amount  of  indemnity  for  the  vessel  and  any  American  prop- 
erty which  may  have  been  sunk  with  her.  The  German  Government 
will  promptly  pay  the  amount  of  indemnity  thus  ascertained;  it 
expressly  declares,  however,  reverting  to  what  has  been  stated  above, 
that  this  payment  does  not  constitute  sat isf action  for  the  violation  of 
American  treaty  rights,  but  a  duty  or  policy  of  this  Government 
founded  on  the  existing  treaty  stipulations. 

Should  the  American  Government  not  agree  i  -his  manner  of 
settling  the  matter,  the  German  Government  is  prepared  to  submit 
the  difference  of  opinion  as  being  a  question  of  the  interpretation 
of  the  existing  treaties  between  Germany  and  the  United  States  to 
the  tribunal  at  The  Hague,  pursuant  to  Article  38  of  The  Hague 
Convention  for  the  pacific  settlement  of  international  disputes. 

The  undersigned  begs  to  sugge-t  that  the  Ambassador  bring  the 
above  to  the  attention  of  his  Government  and  avails  himself,  etc., 

Von  Jaoow. 
Gerard. 


'I. 


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ill 


188        DIPLOMATIC  CORRESPONDENCE  BETWEEN 
The  Secretary  of  State  to  Ambassador  Gerard. 

[Telegram.] 

Department  op  State, 
Washington,  August  lO,  1915. 
You  are  instructed  to  present  the  followintj  note  to  the  German 
Minister  for  Foreign  Affairs : 

lender  instructions  from  my  Government,  I  have  the  honor  to 
inform  Your  Excellency  in  reply  to  your  note  of  July  30  ui  regard 
to  the  claim  for  reparation  for  the  sinking  of  the  WtUiam  P.  Frye, 
that  the  Government  of  the  United  States  learns  with  regret  that  the 
ob'  '^ns  urged  by  it  against  the  submission  of  this  case  to  the  prize 
cou.L  .or  decision  have  not  commended  themselves  to  the  Imperial 
German  Government,  and  it  equally  regrets  that  the  reasons  pre- 
sented by  the  Imperial  German  Government  for  submitting  this  case 
to  the  prize  court  have  failed  to  remove  the  objections  of  tiie  Govern- 
ment of  the  United  States  to  the  adoption  of  that  course.  As  this 
disagreement  hus  been  reached  after  the  full  presentation  of  the  views 
of  both  Governments  in  our  previous  correspondence,  a  further  ex- 
change of  views  on  the  questions  in  dispute  would  doubtless  be 
unprofitable,  and  the  Government  of  the  United  States  theretore 
welcomes  Your  Excellency's  suggestion  that  some  other  way  should 
be  found  for  settling  this  case. 

The  two  methods  of  settlement  proposed  as  alternative  suggestions 
in  Your  Excellency's  note  have  been  given  careful  consideration, 
and  it  is  believed  that  if  they  can  be  combined  so  that  they  may 
both  be  adopted,  they  will  furnish  a  satisfactory  basis  for  the  solu- 
tion of  the  questions  at  issue. 

The  Government  of  the  United  States  has  already  expressed  its 

desire  that  the  question  of  the  amount  of  indemnity  to  bo  paid  by 

the  Imperial  German  Government  under  its  admitted  liability  for 

the  losses  of  the  owners  and  captain  on  account  of  the  destruction  of 

the  Friic  should  be  settled  by  diplomatic  negotiation,  and  it  entirely 

concurs  with  the  suggestion  of  the  Imperial  German  Government  that 

the  simplest  way  would  be  to  agree,  as  proposed  m  your  note,     that 

each  of  the  two  Governments  designate  an  expert  and  that  the  two 

experts  jointlv  fix  the  amount  of  indemnity  for  the  vessel  and  any 

American  property  which  may  have  been  sunk  with  her,'    to  be  paid 

by  the  Imperial  German  Government  when  ascertained  as  stated  m 

your  note.     It  is  assumed  that  the  arrangement  will  include  some 

provision  for  calling  in  an  umpire  in  case  the  experts  fail  to  agree. 

The  Government  of  the  United  States  notes  that  your  suggestion 

is  made  with  the  express  reservation  that  a  payment  under  this 

arrangement  would  not  constitute  an  admission  that  American  treaty 

rights  had  been  violated,  but  would  be  regarded  by  the  Imperial 

German  Government  merely  as  fulfilling  a  duty  or  policy  founded 

on  existing  treaty  stipulations.    A  payment  made  on  this  under- 


THE  UNITED  STATES  AND  GERMANY 


189 


■tanding  would  be  entirely  acceptable  to  the  Government  of  the 
United  States,  provided  that  the  aeeeptanfc  of  such  payment  should 
likewise  be  understood  to  be  without  prejudice  to  the  contention  of 
the  Government  of  the  United  States  that  thr  siukinK  of  the  F///C 
WEB  without  legal  justification,  and  provided  also  that  an  arrange- 
ment can  be  agreed  upon  for  the  immediate  subinis-iiou  to  arbitration 
of  the  questiou  of  legal  justification,  in  so  far  as  it  involves  the  inter- 
pretation of  existing  treaty  stipulations. 

There  can  be  no  difference  of  opinion  between  the  two  Govern- 
ments as  to  the  desirability  of  having  this  question  of  the  tnie  intent 
and  meani.njr  of  their  treaty  stipulations  determined  without  delay, 
and  to  that  end  the  Government  of  the  United  States  proposes  that 
the  alternative  suggestion  of  the  Imperial  German  Government  also 
be  adopti'd,  so  tlat  this  question  of  treaty  interpretation  can  be 
submitted  forthwith  to  arbitration  pursuant  to  Article  38  of  The 
Hague  Convention  for  the  pacific  settlement  of  international  disputes. 

In  this  way  both  the  question  of  indemnity  and  the  question  of 
treaty  interpretation  can  promptly  lie  settled,  and  it  will  be  observed 
that  the  only  change  made  in  the  plan  proposed  by  tlie  Imperial  Ger- 
man Government  is  that  instead  of  eliminating  either  one  of  its  alter- 
native suggestions,  they  are  both  given  ctTect  in  order  that  both  of 
the  questions  under  discussion  may  be  dealt  with  at  the  same  time. 

If  this  proposal  proves  acceptable  to  the  Imperial  German  Gov- 
ernment, it  will  be  necessary  also  to  determine  whether,  pending  the 
arbitral  award,  the  Imperial  German  Government  shall  govern  its 
naval  operations  in  accordance  with  its  own  interpretation,  or  in 
accordance  with  the  interpretation  maintained  by  the  United  States, 
as  to  the  obligations  imposed  by  their  treaty  stipulations,  and  the 
G<-  ernment  of  the  United  States  would  be  glad  to  hav  an  expres- 
sion of  the  views  of  the  Imperial  German  Government  on  this  point. 

Lansing. 


f 


Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy. 
Berlin,  September  20,  1915. 
The  following  note  received  from  the  Foreign  Office  to-day : 

Foreign  Office, 
Berlin,  September  19,  1915. 
The  undersigned  has  the  honor  to  make  the  following  reply  to 
the  note  of  His  Excellency.  Mr.  James  W.  Gerard,  Ambassador  of 
the  United  States  of  America,  dated  13th  ultimo,  on  the  subject  of 
the  claim  for  reparation  for  the  sinking  of  the  American  merchant- 
man William  P.  Fr'jc. 

With  regard  first  to  the  ascertainment  of  the  damages  by  experts 


i:!l 


M     > 

M 


190         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

the  German  Government  believes  that  it  should  dispense  with  the 
nomination  of  an  umpire.  In  the  cases  of  the  ascertainment  of  dam- 
ages hitherto  arranged  between  the  German  Government  and  a  neu- 
trai  Government  from  similar  causes  the  experts  named  by  the  two 
parties  have  always  reached  an  agreement  as  to  the  amount  of  the 
damage  without  difficulty ;  should  it  not  be  possible,  however,  to 
reach  an  agreement  on  some  point,  it  could  probably  be  settled  by 
diplomatic  negotiation.  Assuming  that  the  American  Government 
agrees  to  this,  the  German  Government  names  as  its  expert  Dr.  Kepny, 
of  Bremen,  director  of  the  North  German  Lloyds;  it  begs  to  await 
the  designation  of  the  American  expert. 

The  German  Government  declares  that  it  agrees  to  the  proposal 
of  the  American  Government  to  separate  the  question  of  indemnity 
from  the  question  of  the  interpretation  of  the  Prussian-American 
treaties  of  1785,  1799,  and  1828.  It  therefore  again  expressly  states 
that  in  making  payment  it  does  not  acknowledge  the  violation  of  the 
treaty  as  contended  i  the  American  side,  but  it  will  admit  that  the 
settlement  of  the  question  of  indemnity  does  not  prejudice  the 
arrangement  of  the  difference  of  opinion  concerning  the  interpreta- 
tion of  the  treaty  rights,  and  that  this  dispute  is  left  to  be  decided 
by  The  Hague  tribunal  of  arbitration. 

The  negotiations  relative  to  the  signing  of  the  compromis  provided 
by  Article  52  of  The  Hague  Arbitration  Convention  would  best  be 
conducted  between  the  Foreign  Office  and  the  American  Embassy  in 
Berlin  in  view  of  the  difficulties  in  the  way  of  instructing  the  Imperial 
Ambassador  at  Washington.  In  ease  the  American  Government 
agrees,  the  Foreign  Office  is  prepared  to  submit  to  the  Embassy  a 
draft  of  such  a  compromis. 

The  American  Government's  inquiry  whether  the  German  Gov- 
ernment  will  govern  its  naval  operations  in  accordance  with  the 
German  or  An,  '•an  interpretation  of  the  treaty  stipulations  in 
question  pending  the  arbitral  proceedings  has  been  carefully  con- 
sidered by  German  Government.  From  the  standpoint  of  law  and 
equitv  it  is  not  prevented  in  its  opinion  from  proceeding  against 
American  ships  carrying  contraband  according  to  its  interpretation 
until  the  question  is  settled  by  arbitration.  For  the  German  Gov- 
ernment does  not  need  to  depart  from  the  application  of  generally 
recognized  rules  of  the  law  of  maritime  war.  as  the  Declaration  of 
London,  unless  and  in  so  far  as  an  exception  based  on  a  treaty,  is 
established  beyond  all  doubt;  in  the  case  of  the  present  difference 
of  opinion  between  the  German  and  the  American  Governments  such 
an  exception  could  not  be  taken  to  be  established  except  on  the 
ground  of  the  arbitral  award.  Moreover,  the  disadvantages  to  Ger- 
many which  would  ensue  from  the  American  interpretation  of  the 
treaty  stipulations  would  be  so  much  greater  as  to  be  out  of  propor- 
tion to  those  which  the  German  interpretation  would  entail  for  the 
United  States.  For  whereas  the  American  interpretation  would  ma- 
terially impede  Germany  in  licr  conduct  of  warfare,  hardly  any  par- 
ticular disadvantage  to  American  citizens  would  result   from  the 


THE  UNITED  STATES  AND  GERMANY 


191 


German  interpretation,  since  they  receive  full  reparation  for  any 
property  damage  sustained. 

Nevertheless  the  German  Government,  in  order  to  furnish  to  the 
American  Government  evidence  of  its  conciliatory  attitude,  has  issued 
orders  to  the  German  naval  forces  not  to  destroy  American  merchant- 
men which  have  loaded  conditional  contraband,  even  when  the  condi- 
tions of  international  law  are  present,  but  to  permit  them  to  continue 
their  voyage  unhindered  if  it  is  not  possible  to  take  them  into  port. 
On  the  other  hand,  it  must  reserve  to  itself  the  right  to  destroy  vessels 
carrying  absolute  contraband  wherever  such  destruction  is  permissible 
according  to  the  provisions  of  the  Declaration  of  London. 

The  undersigned  begs  to  suggest  that  the  Ambassador  bring  the 
above  to  the  knowledge  of  his  Government,  and  avails  himself  of 
the  opportunity  to  renew,  etc. 

Von  Jagow. 
Ger^vrd. 


The  Secretary  of  State  to  Ambassador  Gerard. 

[Telegram.] 

Department  op  State. 
Washington,  October  12,  1915. 
You  are  instructed  to  present  the  following  note  to  the  (ierman 
Minister  of  Foreign  Affairs : 

In  reply  to  Your  Excellency's  note  of  September  19,  on  the  sub- 
ject of  the  claim  for  damages  for  the  sinking  of  the  American  uer- 
chantman  Willmn  P.  Fnje,  I  am  instructed  by  the  Government  of 
the  United  States  to  say  that  't  notes  with  satisfaction  the  willing- 
ness of  the  Imperial  Gorman  Government  to  settle  the  questions  at 
issue  in  this  case  by  referring  to  a  joint  commission  of  experts  the 
amount  of  the  indemnity  to  be  paid  by  the  Imperial  German  Govern- 
ment under  its  admitted  liability  for  the  losses  of  the  owners  and  cap- 
tain on  account  of  the  destruction  of  the  vessel,  and  by  riferring  to 
arbitration  the  question  of  the  interpretation  of  treaty  rights.  The 
Government  of  the  United  States  further  notes  that  in  agi-eeing  to 
this  arrangement  the  Imperial  German  Government  expressly  states 
that  in  making  payment  it  does  not  acknowledge  tiie  violation  of  the 
treaty  as  contended  by  the  Government  of  the  United  States,  and  that 
the  settlement  of  the  question  of  indemnity  doi^s  not  prejudice  the 
arrangement  of  the  differences  of  opinion  between  the  two  govern- 
ments concerning  the  interpretation  of  the  treaty  rignts.  The  Gov- 
ernment of  the  United  States  understands  tha  this  arrangement  will 
also  be  without  prejudice  to  its  own  contention  in  aecordanoe  with  the 
statement  of  its  position  in  its  note  of  August  10  last  to  Your  Excel- 
lency on  this  subject,  and  the  Government  of  the  United  States  agrees 


I 


'ill"  i 


192         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

to  this  arrangement  on  that  understarding.  Your  Excellency  statet 
that  the  Imperial  O^rman  Government  believes  that  the  nomination 
of  an  umpire  should  be  dispensed  with,  bec-au«'  it  has  been  the  experi- 
ence of  the  Imperial  German  Government  that  the  experts  named  in 
such  cases  have  always  reached  an  agreement  without  difficulty  and 
that  should  they  disagree  on  some  point,  it  could  probably  be  .^  tied 
by  diplomatic  negotii.tion.  The  Government  of  the  Lnited  States 
entirely  concurs  in  the  vi.w  that  it  is  not  necessary  to  noraiiiate  an 
umpire  in  advance.  It  is  not  to  be  assumed  that  the  experts  will  be 
unable  to  ngree.  or  that  if  they  are.  the  point  in  di-pute  cannot.  b« 
settled  bv  diplomatic  negotiation,  but  tlie  Government  of  the  Lnited 
Stnti's  belicvcH  that  in  ngrecing  to  this  arrangement  it  «ljo«.l*l  '« 
iimlcrstocl  in  advance  that  in  case  the  amount  of  indemnity  is  not 
Rottled  bv  the  joint  commission  of  experts  or  by  diplonaatic  negotia- 
tion. Ihequcstion  will  then  be  refcrr. d  to  an  umpire  if  that  is  desired 
bv  the  Government  of  the  United  States.  ^,     ,     „      ^ 

'  Assuming  that  this  understanding  is  acceptable  to  the  German 
Government,  it  will  onlv  remain  for  the  Government  of  the  Lnited 
States  to  nominate  its  expert  to  act  with  the  expert  already  nomi- 
nated bv  tlie  German  Government  on  the  jouit  commission.  It  seems 
desirable  to  the  Government  of  the  United  States  that  this  joint  com- 
mission  of  experts  should  meet  without  delay  as  soon  as  the  American 
member  is  nau.ed  and  that  its  meetings  should  be  held  in  the  Lnited 
States  because,  as  pointed  out  in  my  note  to  you  of  April  M  last, 
anv  evidence  wliieh  the  German  Government  may  wish  to  have  pro- 
duced is  more  acceptable  and  can  more  conveniently  be  examined 

there  than  elsewhere.  ,     .     ^        vm    *•       t\.^ 

With  reference  to  the  agreement  to  submit  to  arbitration  the 
question  of  treaty  interpretation,   the  Government   of  the   Lnited 
States  notes  that  in  answer  to  its  inquiry  whether,  pending  the  arbitral 
proceedings,  the  German  Government  will  govern  its  naval  opera- 
tions in  accordance  with  the  German  or  American  interpretation  of 
the  treaty  stipulations  in  question,  the  reply  of  the  German  Govern- 
ment is  that  it  "has  issued  orders  to  the  German  naval  forces  not 
to  destroy  American  merchantmen  which  have  loaded  conditional  con- 
traband  even  when  the  con.litions  of  international  law  are  present 
but  to  permit  them  to  continue  their  voyage  unhindered  if  it  is  not 
possible  to  take  them  into  port,"  and  that  "on  the  other  hand  it 
must  reserve  to  itself  the  right  to  destroy  vesse.s  carrying  absolute 
contraband  whenever  such  destruction  is  permissible  according  to  the 
provisions  of  the  Declaration  of  London."       .  ^       ,       ..,,„„ 
Without  admitting  that  the  Declaration  of  London  is  m  force, 
ami  on  the  understanding  that  the  requirement  in  Article  50  ot  the 
Declaration  that  "before  the  vessel  is  destroyed  all  persons  on  board 
must  be  placed  in  safety"  is  not  satisfied  by  merely  giving  them  an 
opportunity  to  escape  in  lifeboats,  the  Government  of  the  United 
States  is  Willing,  pending  the  arbitral  award  in  this  case   to  accept 
the  Declaration  of  London  as  the  rule  governing  the  conduct  of  the 
German  Government  in  relation  to  the  treatment  of  American  vessels 


^!« 


THE  UNITED  STATES  AND  OERMANT 


193 


carrying  cargoes  of  absolute  contraband.  On  thin  nnderttandin?  the 
Onvernment  of  the  United  States  agrees  to  refer  to  arbitration  this 
qneation  of  treaty  interpretation. 

The  Government  of  the  United  Staten  eoneurs  in  the  desire  of  the 
Imperial  Oerman  Government  that  the  nenotiations  relative  to  the 
aigning  of  the  compromis  referring  this  question  of  treaty  interpre- 
tation to  arbitration  under  the  provisioni  of  Article  52  of  The  Hague 
Arbitration  Convention,  should  be  conducted  between  the  Oerman 
Foreign  Office  and  the  American  Embassy  in  Berlin,  and  the  Govern- 
ment of  the  United  States  will  be  glad  to  receive  the  draft  eorapro- 
mise,  which  you  inform  me  the  Foreign  Office  is  prepared  to  submit 
to  the  American  Ambassador  in  Berlin.  Anticipating  that  it  may 
be  convenient  for  the  Imperial  German  Government  to  know  in 
advance  of  these  negotiations  the  preference  of  the  Government  of 
the  United  States  as  to  the  form  of  arbitration  to  be  arranged  for 
in  the  compromise,  my  Government  desires  me  to  say  that  it  would 
prefer,  if  agreeable  to  the  Imperial  Government,  that  the  arbitration 
should  be  by  summary  procedure,  based  upon  the  provisions  of 
Articles  86  to  90,  inclusive,  of  The  Hague  Arbitration  Convention, 
rather  than  the  longer  form  of  arbitration  before  the  Permanent 
Court  at  The  Hague. 

Arrange  for  simultaneous  publication  of  this  note  at  earliest  date 
which  will  give  you  time  to  notify  the  Department. 

Lansin'o. 


f. 

ft 


Ambassador  Oerard  to  the  Secretary  of  State. 

American  Embasst, 
Berlin,  December  2,  1915. 
Sir  :  With  reference  to  my  telegram  of  e%'en  date  '  and  to  previous 
correspondence  on  the  subject  of  the  claim  for  damages  for  the  sink- 
ing of  the  American  merchantman  William  P.  Frye,  I  have  the  honor 
to  transmit  to  you  herewith  a  copy  and  translation  of  a  note  received 
from  the  Imperial  Foreign  Office,  dated  November  29,  1915,  which 
replies  to  a  note  which  I  addressed  to  the  Imperial  Foreign  Office 
on  October  14.  1915.  pursuant  to  the  instructions  contained  in  your 
telegram  No.  2291,  of  October  12,  1915. 

A  copy  and  translation  of  the  draft  of  a  compromis  submitted  by 
the  Imperial  German  Government  is  likewise  transmitted  herewith. 
I  have,  etc., 

Gerard. 

*  Not  printed. 


■■I*. 


I 

I 


ri'l 


194 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 


I    . 

I  i 


i 


m 


[  Inclomire— Tr»n»Iation.  ] 
r*^  Otrman  MiniiUr  for  Fortign  ASairt  to  Amhn»ador  Gerard. 

Berliu,  Novembrr  29.  1915. 

f.,r  the  uinkinK  of  the  American  merchant  veswl  W  »//w>.i  /  ■  tr»r,a.^ 
idl  ;«  to  ti."  settlement  by  arbitration  of  the  diffcrenoo  of  opinion 
which  has  arisen  on  this  occasion,  as  follows : 

With  rpfffird  first  to  the  nscprtainment  of  indemnity  for  the  vessel 
.unk     Loerman  Government  is  in  agreement  with  tl».  Anjencan 
GoirnmenT  in  principle  that  the  amount  of  .la  ma  pes  be  fixed  by  tv.o 
exnerts  ole  each  to  be  nominated  by  the  German  ati.l  the  Amencan 
Go^veruments    The  German  Government  regrets  that  it  cannot  complv 
S?th  rwiih  of  the  American  Oovernment  to  h-e  the  exp^r  s  mec 
in   Wimhinirton    since   the  exiH'rt   nnminated   b>    ii.   J'"^-   «rivi,   oi 
BrelnK"or^f  the  North  German  Lloyd,  is  unable  to  get  away 
FroT  "ere   anTfurtliiniore  would  be  exposed  to  the  «  nnger  of  c.p- 
tur^  during  a  vovage  to  America  in  coosequence  of  the  ^onduct  of 
Maritime  war  bv  Ei^lnnd  contrar>-  to  international  law.    bl'O"!^  the 
AmeSrau  expert  likewise  be  unable  to  pt  away,  the  two  experts  might 
nerhHns  eet  in  touch  with  each  other  by  correspondence. 
^S  (fen. an  Government  likewise  regrets  that  it  cannot  assent  at 
thi,  t  me  to  the  nomination  of  an  umpire  as  dos.red  'X    )•'  Americau 
Government,  for  apart  from  the  fact  that  ...  ^^,f.J^;^)'%^^^^^ 
will  reach  an  agreement    n  the  case  of  tlic  W  tUiam  1  .  erj/e  ■wnn  w 
«me  faci  itv  as  was  the  case  with  similar  negotiations  w.th  other  neu- 
S  Governments,  the  assent  of  the  German  Government  to  the  con- 
suhation  of  an  umpire  would  depe.id  materially  upon  whether  the 
differences  of  ophiion  between  the  two  experts  pcrtauH.l.o  oaestion 
o    principle  or  merely  to  the  appraisement  oV""  "".'  '1     ^'The  case 
consultation  of  an  umpire  coul.l  ou\y  be  considered  at  all  m  the  case 
of  appraisements  of  this  nature.  j„^„„,u  f„^  the 

«hould  the  American  Government  insist  on  its  demands  for  the 
meeting  of  the  experts  at  Washingto..  or  the  early  choice  of  an  ump.re 
Xe  onlv  alterna  ive  would  be  to  arrange  the  fixuiw'  of  ^lan'^B^s  by 
diplomatic  negotiation.     In  su<-h  an  event  the  f-rman  Government 
bSTfawait  the  transmission  of  a  statement  of  P^rt"^^"!""  «J„^Jf 
vaho  >  claims  for  damages  accom.,anied  by  the  necess.,ry  proofs, 
"vth  regard  to  the  arbitral  treatment  of  the  diftcrence  of  opiu.oa 
relat  ve  to  fhe  interpretation  of  certain  stipulations  of  tbe  Prussian- 
American  commercial  treaties,  the  Gern.aii  Government  has  dra« 
up  the  inclosed  draft  of  a  rou,i>romU.  -hid.  would  »'^veJo  be  worded 
in  the  German  and  English  languages  and  .Irawu  up  with  due  con- 
sideration of  the  two  alternating  texts.    It  i^  true  that  the  draft  does 
not  a    ommodato  the  suggestions  of  tho  American  Government  so 


THE  UNITED  STATES  AND  GERMANY 


195 


far  as  it  i*  not  in  accoril«n''e  »vith  the  rulon  of  Miitiimary  procedure 
provided  by  chapter  4  of  Ttit  Hague  Arbitration  Convention,  but 
with  the  rulea  of  regular  procedure.  The  Summary  procedure  is 
naturally  intended  only  for  difference*  of  opinion  of  in'  -  impor* 
tance,  whereat  the  Oerman  Qovernmcnt  attnchen  ve  'icular 

importance  to  the  interpretation  of  the  PruM.iian-Ameri.^  .reaties 
which  have  existed  for  over  10()  years.  Furniiant  to  the  agreement 
made,  any  proposed  amendments  would  havf  to  be  discussed  between 
the  Foreign  Office  and  the  American  Embassy,  and  oral  discussion! 
would  appear  to  be  advisable. 

Until  the  decision  of  the  permanent  court  of  arl)itration.  the  Ger- 
man naval  forces  will  sink  only  suih  American  Vf!«ich  as  are  loaded 
with  absolute  contraband,  when  the  preconditions  provided  \,y  the 
Declaration  of  London  are  present.  In  this  the  German  Government 
quite  shares  the  view  of  the  American  Government  that  all  possible 
care  must  be  taken  for  the  security  of  tlie  crew  and  passenger"^  of  a 
vessel  to  be  sunk.  Consequently,  the  perHnns  found  on  board  of  a 
vessel  may  not  be  ordered  into  her  lifeboats  except  when  the  gtneral 
conditions,  that  is  to  say,  the  weather,  the  condition  of  the  sea,  and 
the  neighborhood  of  the  coasts  afTonl  absolute  ct-rtuinty  that  the  boats 
will  reach  the  nearest  port.  Vov  the  rest  the  German  Government 
begs  to  point  out  that  in  cases  where  German  naval  forces  have  sunk 
neutral  vessels  for  carrying  contraband,  no  loss  of  life  has  yet 
occurred. 

The  undersigned  begs  to  give  expres.sion  to  the  hope  that  it  will 
be  possible  for  tlie  two  Governments  to  reach  a  complete  under- 
standing regarding  the  ca>c  of  the  William  /'.  Fri/r  on  the  aiiove 
basis,  and  avails  himself  of  this  opportunity  to  renew  to  His  Excel- 
lency, the  Ambassador,  the  assurance  of  his  highest  consideration. 

Vo.v  Jaoow. 

[Translation.] 

ABBITB.\TIO.V   COMPBOllIS. 

The  Impprial  German  Government  nnrt  thi-  (Jov.-rnmint  of  the  United  States 
of  America  havinjr  reached  an  Utfrcement  to  :^ubmit  to  a  i- i\irt  of  arliitration  tha 
difference  of  opinion  whicli  ha«  arisen,  o(va«ioned  by  the  Hinking  of  the  American 
merchant  vesisel  WilUain  P.  Fruv  liy  a  German  wnrship,  in  r'si"(t  of  the  inter- 
pretation of  certain  stipulation*  of  the  Prussian-Ameriran  treaties  of  amity 
and  commerce,  the  undersigned,  duly  authorized  for  tiiis  purpose,  have  agreeil 
to  the  following  campromit: 

Abticle  I 

A  court  of  arbitration  composed  in  accordance  with  the  following  stipulati  )iis 
is  charged  with  the  decision  of  the  legal  queation: 

Whether  according  to  the  trcati.s  exi^itiiix  lictwin-n  the  parties,  in  particuiir 
Article  XIII  of  the  Prussian-American  treaty  of  amity  and  commerce  of  July  U, 
171)9,  the  belligerent  contracting  party  is  prevented  from  sini<ing  merchant 
▼essela  of  the  neutral  contracting  party  for  rarryina;  contraband  wlien  »:;  ii 
■inking   is   permissible   ac.-ording   to   general   pricoiplea   of    international    lav. 


■  I** 


196 


DIPLOMATIC  COERESPONDENCE  BETWEEN 


1, 
4. 


% 


In 


I  M' 


I ' 


III' 

'I! 

It'  { 


i| 

t    .3 

i  ' 


Abticu;  II. 


.i  ■ 


n.  <»«n  of  .rUUation  ^:^^^^^r;^:tJ ^.r^Tl"^-^.'^^. 

.mong  the  n,embe,«  °*  .*'"•  ^^f^f.^I  S».  °*  '»'°"'  ""'^  °~  "'^  ""u* 
Each  government  will  choose  ^''o  """   .       '    ^j^    ^^^^  within  two  weeks 

national  of  »uoh  country.  «»  •~°  "^~'^':'  '„y  „bltrators  thu.  Bomin.t«l 
from  the  day  thU  comproj--  »  «B^^^,  ^  tSey  have  been  notifl«l  of  their 
Slnir;  in  ^"e^'ol  rfeTJl  votTTh' preaident^o,  the  Swi..  federal  counc.1 
•hall  be  requeated  to  select  the  umpire. 

Abticxe  III. 

on  March   1.  1016.  each  V^rty  >^ ^^:^^  .^^^  ^^J^Tlm  al^tV- 
«anent  tribunal  of  f  titration  e.gheen  copies  of  its  argoni  _^  _^^^^^^  ^  ^^^ 

cated  copies  of  all  documents  ""^'""Xut  delay  for  the  transmiuion  to  the 
in  the  case.  The  »>"-«  ^^'/^^K^^tor  t  'Live  two  copies,  each  party 
arbitrators  and  to  the  parties,  eacn  aroi  ^j         ,  ^■^^^  bureau. 

port^g  evidence  ani  their^taUments  in  conclusion. 

Abticle  IV. 

of  the  arbitral  procedure. 

Abticle  V. 

The  court  of  arbitration  shall  meet  at  The  Hague  on  J«B.  16.  1016.  «* 
proceed  immedUtely  to  examine  the  dispute. 

Articix  VI. 

AsncLE  VII. 

Each  party  shall  be  -P-^^^^^^^.^^C^trln'^^Th^^^ 
act  as  an  intermediary  bex ween  the  P"  J  ''\V^'„^°"„.y  demand  of  them; 

furnish  the  court   »"y ,  "P^^^J;^""; J^^tich  they  :^y  consider  advisable  for 
they  may  submit  any  legal  arguments  wmcn  iney  m»j 

the  defense  of  their  case. 

Aoticle  VIII. 

Done  in  duplicate  at  Berlin  *-n  the day  ol 


THE  UNITED  STATES  AND  GERMANY 
Part  XII. 


197 


CASE  OP  THE  BRITISH  STEAMSHIP  APPAM,  CAPTURED 
BY  GERMAN  NAVAL  FORCES  AND  BROUGHT  BY  A 
PRIZE  CREW  INTO  THE  PORT  OF  NEWPORT  NEWS, 
VA. 


The  Oerman  Ambassador  to  the  Secretary  of  State. 

[Translation.] 

German  Embassy, 
Washington,  February  2,  1916, 
Mb.  Secbetart  op  State: 

I  have  the  honor  to  inform  Your  Excellency  that  the  British 
steamer  Appam,  captured  by  the  German  naval  forces,  arrived  at 
Newport  News,  Va.,  on  the  1st  of  this  month  under  the  command  of 
Lieut.  Berg  of  the  navy.  The  commanding  officer  intends,  in  accord- 
ance with  Article  XIX  of  the  Prusso-American  Treaty  of  September 
10,  1785,  to  stay  in  an  American  port  until  further  notice. 

The  Appnm  has  not  been  converted  into  an  auxiliary  cruiser,  is 
not  armed,  and  has  made  no  priz<>  under  Mr.  Berg's  command.  She 
carries  on  bo^rd  the  crews  of  seven  enemy  vessels  taken  by  H.  M.  S. 
Moewe  who        •>  been  transferred  to  her  by  that  ship. 

There  is  c.i  board  a  locked  up  military  party  of  the  enemy,  whose 
internment  in  the  United  States  I  request. 

The  crew  of  the  Appatn  tried  to  offer  resistance  when  the  ship 
was  captured,  as  the  guns  at  hand  were  already  in  place  and  trained 
on  the  German  warship.  The  members  of  the  crew  are  therefore  to 
be  looked  upon  likewise  as  combatants,  and  I  have  the  honor  to  ask 
of  Your  Excellency  that  they  too  be  detained  in  the  United  States 
until  the  end  of  the  war. 

Accept,  etc.,  J.  Bernstorff. 


Memorandum  from  the  German  Embassy.^ 

Telegram  from  the  German  Government  concerning  its  opinion 
on  Appam  case : 

Appam  is  not  an  auxiliary  cruiser  but  a  prize.  Therefore  she 
must  be  dealt  with  according  to  Article  19  of  Prusso-American  Treaty 
of  1799.  Article  21  of  Hague  Convention  concerning  neutrality  at 
sea  is  not  applicable,  as  this  convention  was  not  ratified  by  England 
and  is  therefore  not  binding  in  present  war  according  to  Article  28. 

'  Received  at  the  Department  of  State  February  8,  1916. 


,\ 


I 


^1 

'HI 

I  I     i   > 


198         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

The  above-mentioned  Article  19  authorizes  a  prize  ship  to  remain  in 
American  ports  as  long  as  she  pleases.  Neither  the  ship  nor  the 
prize  crew  can  therefore  be  interned  nor  can  there  be  question  of 
turning  the  prize  over  to  English. 


iiil 


The  German  Ambassador  to  the  Secretary  of  State. 

German  Embassy, 
Washington,  February  22,  1916. 
My  dear  Mr.  Secretary: 

Lieut.  Hans  Berg,  of  the  German  Imperial  Navy  and  commander 
of  H.  M.  S.  Appam,  now  lying  at  anchor  near  Newport  News,  Va., 
has  informed  me  that  a  libel  was  filed  against  said  vessel  in  the 
United  States  District  Court  for  the  Eastern  District  of  Virginia, 
at  Norfolk,  on  the  16th  day  of  February,  1916,  by  the  British  and 
African  Steam  Navigation  Co.,  Limited,  and  that,  under  the  authority 
of  said  court,  he  has  been  cited  by  the  marshal  of  the  eastern  district 
of  Virginia  to  appear  before  said  court  on  Friday,  the  3d  day  of 
March,  1916,  to  answer  the  said  libel. 

As  the  Appam  was  captured  at  sea  by  a  German  man-of-war  and 
brought  to  the  Virginia  port  as  a  prize  ship  according  to  the  treaty 
existing  between  our  countries,  you  may  well  appreciate  my  surprise 
at  the  action  which  has  been  taken. 

Article  XIX  of  the  treaty  of  1799  between  Prussia  and  the  United 
States,  renewed  in  part  by  Article  XII  of  the  treaty  of  1828,  pro- 
vides that  "the  vessels  and  effects  taken  from"  the  enemies  of  the 
contracting  parties  may  be  carried  freely  wheresoever  they  please, 
and  that  such  prizes  shall  not  be  "put  under  legal  process  when  they 
come  to  and  enter  the  ports  of  the  other  party.  •  •  •" 

In  view  of  the  terms  of  the  treaty,  I  am  at  a  loss  to  understand 
why  such  action  has  been  taken  by  a  court  of  your  country.  It  may 
be  argued  that  it  has  been  because  Article  21  of  The  Hague  ' '  Conven- 
tion concerning  the  rights  and  duties  of  neutral  powers  in  naval 
war"  is  applicable.    This  article  provides: 

A  prize  may  only  be  brought  into  a  neutral  port  on  account  of  un- 
seaworthiness, stress  of  weather,  or  want  of  fuel  or  provisions. 

It  must  leave  as  soon  as  the  circumstances  which  justified  its  entry 
are  at  an  end.  If  it  does  not  the  neutral  power  must  order  it  to 
leave  at  once ,-  should  it  fail  to  obey  the  neutral  power  must  employ 
the  means  at  its  disposal  to  release  it  with  its  officers  and  crew  and 
to  intern  the  crew. 


THE  UNITED  STATES  AND  GERMANY 


199 


But  as  Great  Britain  has  not  ratified  the  convention  the  article 
is  not  binding,  for  the  reason  that  Article  28  provides:  "The  pro- 
visions of  the  present  convention  do  not  apply  except  to  the  con- 
tracting powers,  and  then  only  if  all  the  belligerents  are  parties 
to  the  convention." 

Besides,  the  Appam  flies  the  naval  flag  of  and  belongs  to  the 
German  Government,  and  therefore  the  possession  of  the  captors  in 
a  neutral  port  is  the  possession  of  their  sovereign.  The  sovereign 
whose  officers  have  captured  the  vessel  as  a  prize  of  war  remains  in 
possession  of  that  vessel  and  has  full  power  over  her.  The  neutral 
sovereign  or  its  court  can  take  no  cognizance  of  the  question  of  prize 
or  no  prize  and  cannot  wrest  from  the  possession  of  the  captor  a  prize 
of  war  brought  into  its  ports. 

The  position  which  I  take  is  fully  supported  by  an  opinion  of 
the  Attorney  General  of  the  United  States  (7  Op.,  122),  the  syllabus 
of  which  recites  that  a  "foreign  ship  of  war  or  any  prize  of  hers  in 
command  of  a  public  officer  possesses  in  the  ports  of  the  United 
States  the  right  of  exterritoriality  and  is  not  subject  to  the  local 
jurisdiction." 

I  would  therefore  most  respectfully  protest  against  the  action  of 
the  United  States  District  Court,  and  request  that  you  may  ask  the 
Attorney  General  to  instruct  the  United  States  District  Attorney 
for  the  Eastern  District  of  Virginia  to  appear  before  the  United 
States  District  Court  and  take  such  steps  as  may  be  necessary  and 
proper  to  secure  the  prompt  dismissal  of  the  libel. 

I  am,  etc.,  J.  Bernstorff. 


The  Sccrctartj  of  State  to  the  Ocrman  Ambassador. 

Department  of  State. 
^Yashington,  March  2,  1916. 
Excellency : 

I  have  the  honor  to  acknowledge  the  receipt  of  Your  Excellency's 
note  of  the  2d  of  Februarj',  informing  me  that  the  British  steamer 
Appam,  captured  by  the  German  naval  forces,  had  arrived  at  Nor- 
folk under  the  command  of  Lieut.  Berg,  of  the  Imperial  German 
Navy,  who  intends,  in  accordance,  as  he  believes,  with  Article  XIX 
of  the  Prussian-American  treaty  of  1799,  to  remain  in  American 
waters  nnti!  further  notice,  and  that  the  Appam  has  not  been  con- 
verted into  an  auxiliary  cruiser,  is  not  armed,  and  has  taken  no 
prizes  under  Lieut.  Berg's  command.    In  conclusion  Your  Excellency 


200        DIPLOMATIC  COBRESPONDENCE  BETWEEN 


}i .  \ 


i 


M' 


requests  interament  in  the  United  States  during  the  remainder  o£  the 
war  of  a  miBiary  party  belonging,  Your  Excellency  states,  to  the 
enemy  of  Germany  and  also  the  internment  of  the  crew  of  the  Appam, 
inasmuch  as  they  offered  resistance  to  capture  by  His  Majesty's 
forces. 

I  hr.ve  the  honor  also  to  acknowledge  the  receipt  of  Your  Excel- 
lency's note  of  February  22,  calling  my  attention  to  a  libel  which  has 
been  filed  against  the  Appam  by  the  United  States  District  Court 
on  February  16  by  the  British  and  African  Steam  Navigation  Co., 
Limited,  and  to  the  fact  that  Lif  t.  Berg  has  been  cited  to  appear 
before  the  court  on  March  3  next  to  answer  this  libel.  Your  Excel- 
lency points  out  that  in  view  of  the  terms  of  Article  XIX  of  the 
treaty  of  1799  and  of  the  inoperation  of  The  Hague  Convention  relat- 
ing to  neutral  rights  and  duties  in  naval  warfare,  you  are  at  a  loss 
to  understand  why  such  action  has  been  taken  in  this  country.  Your 
Excellency,  moreover,  asserts  in  effect  that  as  the  Appam  flies  the 
naval  flag  of  and  belongs  to  the  Oerman  Government,  and  as  the 
possession  of  the  captors  is  the  possession  tf  their  sovereign,  "the 
neutral  sovereign  or  its  court  can  take  no  cognizance  of  the  ques- 
tion of  prize  or  no  prize  and  eaiinot  wrest  from  the  possession  of  the 
captor  a  prize  of  war  brought  into  its  ports."  Your  Excellency,  in 
conclusion,  protests  against  the  action  of  the  court  and  requests  that 
the  Attorney  General  instruct  the  proper  United  States  District  Attor- 
ney to  take  such  steps  as  may  be  necessary  and  proper  to  secure  the 
prompt  dismissal  of  the  libei. 

Article  XIX  of  the  treaty  of  1799,  to  which  Your  Excellency 
refers,  reads  as  follows: 

The  vessels  of  war,  public  and  private,  of  both  parties,  shall  carry 
(conduire)  freely,  wheresoever  they  please,  the  vessels  and  effects 
taken  (pris)  from  their  enemies,  without  being  obliged  to  pay  any 
duties,  charges,  or  fees  to  officers  of  admiralty,  of  the  customs,  or  any 
others;  nor  shall  such  prizes  (prises)  be  arrested,  searched,  or  put 
under  legal  process,  when  they  come  to  and  enter  the  ports  of  the 
other  party,  but  may  freely  be  carried  (conduitcs)  out  again  at  any 
time  by  their  captors  (le  vaisseau  preneur)  to  tlie  places  expressed 
in  their  commissions,  which  the  commanding;  officer  of  such  vessel 
(le  dit  vaisseau)  shall  be  obliged  to  show.  But  conformably  to  the 
treaties  existing  between  the  Lnitcd  States  and  Great  Britain,  no 
vessel  (vaisseau)  that  shall  have  made  a  prize  (pvise)  upon  British 
subjects,  shall  have  a  right  to  shelter  in  the  ports  oi  the  United  States, 
but  if  (il  est)  forced  therein  by  tempests,  or  any  other  danger  or 
accident  of  the  sea,  they  (il  sera)  shall  be  obliged*  to  depart  as  soon 
as  possible. 


^m 


THE  UNITED  STATES  AND  GERMANY 


201 


This  translation  is  taken  from  the  published  treaties  of  the  United 
States,  and  while  not  conforming  strictly  to  the  original  French  text 
(copy  of  which  is  inclosed),  is  sufficiently  accurate  for  the  purposes 
of  this  note.  At  the  outset  it  may  be  pointed  out  that  as  the  object 
of  this  provision  was  to  mollify  the  existing  practice  of  nations  as 
to  asylum  for  prizes  brought  into  neutral  ports  by  men-of-war,  it  is 
subject  to  a  strict  interpretation  when  its  privileges  are  invoked  in 
a  given  case  in  modification  of  the  established  rule.  By  a  reasonable 
interpretation  of  Article  XIX,  however,  it  seems  clear  that  it  is 
applicable  only  to  prizes  which  are  brought  into  American  ports  by 
vessels  of  war.  The  Appam,  however,  as  Your  Excellency  is  aware, 
was  not  accompanied  by  a  ship  of  war,  but  came  into  the  port  of 
Norfolk  alone  in  charge  of  a  prize  master  and  crew.  Moreover,  the 
treaty  article  allows  to  capturing  vessels  the  privileges  of  carrying  out 
their  prizes  again  "to  the  places  expressed  in  their  commissions." 
The  commissions  referred  to  are  manifestly  those  of  the  captor  vessels 
which  accompany  prizes  into  port  and  not  those  of  the  officers  of  the 
prizes  arriving  in  port  without  convoy,  and  it  is  clear  that  the  port 
of  refuge  was  not  to  be  made  a  port  of  ultimate  destination  or 
indefinite  asylum.  In  the  case  of  the  Appam  the  commission  of 
Lieut.  Berg,  a  copy  of  which  was  given  to  the  collector  of  customs 
at  Norfolk,  not  only  is  a  commission  of  a  prize  master,  but  directs  him 
to  bring  the  Appam  to  the  nearest  Amc  can  port  and  "there  to  lay 
her  up."  In  the  opinion  of  the  Government  of  the  Loited  States, 
therefore,  the  case  of  the  Appam  does  not  fall  within  the  evident 
meaning  of  the  treaty  provision  which  contemplates  temporary  asylum 
for  vessels  of  war  accompanying  prizes  while  en  route  to  the  places 
named  in  the  conunander's  commission,  but  not  the  deposit  of  the 
spoils  of  war  in  an  American  port.  In  this  interpretation  of  the 
treaty,  which  I  believe  is  the  only  one  warranted  by  the  terms  of 
the  provision  and  by  the  British  treaties  referred  to  in  Article  XIX, 
and  by  other  contemporaneous  treaties,  the  Government  of  the  United 
States  considers  itself  free  from  any  oblipntion  to  accord  the  Appam 
the  privileges  stipulated  in  Article  XIX  of  the  treaty  of  1799. 

Under  this  construction  of  the  treaty  the  Appam  can  enjoy  only 
those  privileges  usually  granted  by  maritime  nations,  including  Ger- 
many, to  prizes  of  war,  namely,  to  enter  neutral  ports  only  on  ease 
of  stress  of  weather,  want  of  fuel  and  provisions,  or  necessity  of 
repairs,  but  to  leave  as  soon  as  the  cause  of  their  entry  has  been 
removed. 

As  to  the  grounds  upon  which  the  application  for  the  libel  of  the 


?1 

■   i 


202         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Appam  by  the  United  States  court  was  made,  this  Department  has  no 
direct  information;  but  it  is  understood  that  the  libelant  contends 
that  the  Appam  is  not.  assuming  that  it  is  a  prize  of  the  German 
Government,  the  property  of  that  Government,  but  that,  on  the  con- 
trary, the  title  to  the  vessel  is  now  properly  in  the  British  owners. 
Whether  in  these  circumstances  the  United  States  court  has  property 
or  improperly  assumed  jurisdiction  of  the  case  and  taken  custody 
of  the  ship  is  a  legal  question  which,  according  to  American  prac- 
tice, must  now  be  decided  by  the  municipal  courts  of  this  country. 
With  the  purpose,  however,  of  having  Your  Excellency's  views  as 
to  this  matter  brought  to  the  attention  of  the  court,  I  have  trans- 
mitted your  note  of  February  22  to  the  Attorney  General,  with  a 
request  that  he  instruct  the  United  States  District  Attorney  to  appear 
in  the  case  as  amicus  curia  and  present  to  the  court  a  copy  of  Your 
Excellency's  note. 

As  to  the  internment  of  the  military  party  which  Your  Excellency 
states  was  on  board  the  Appam,  as  well  as  the  officers  and  crew  who 
offered  resistance  to  capture  by  His  Majesty's  ships.  I  have  the  honor 
to  inform  you  that  the  Government  has,  after  due  consideration, 
concluded  that  they  should  be  released  from  detention  on  board  the 
Appam,  together  with  their  personal  effects. 

Accept,  etc.,  Robert  Lansing. 


j« 


!'■, 


The  German  Ambassador  to  ihe  Secretary  of  State. 

German  Embassy. 
Washington,  March  14,  1916. 

Mt  dear  Mr.  Secretary: 

Referring  to  previous  correspondence  in  regard  to  II.  M.  S.  Appam, 
am  informed  by  our  counsel  that  the  State  and  Treasury  Depart- 
ments, mainly  through  th  collector  of  customs,  have  been  requesting 
the  District  Court  of  the  United  States  for  the  Eastern  District  of 
Virginia  to  guard  against  two  things:  (1)  An  augmentation  of  the 
orew  of  the  Appam;  and  (2)  an  attempt  on  her  part  to  escape:  and 
tliat  such  action  would  tend  to  disturb  the  peace  of  mind  of  the  court. 

While  I  cannot  understand  on  what  theory  the  court  can  be  a.sked 
to  have  anything  to  do  with  questions  of  augmentation,  I  can  readily 
appreciate  its  desire  to  prevent  any  poss:ible  escape  so  long  as  court 
proceedings  are  pending. 


THE  UNITED  STATES  AND  GERMANY 


203 


In  view  of  the  action  of  the  Departments,  the  court  appears  un- 
willing to  permit  the  ship  to  continue  in  the  stream  with  only  two 
keepers,  and  has  requested  counsel  to  consent  to  her  removal  to  a 
wharf  or  some  safer  anchorage. 

Lieut.  Berg  objects  to  her  being  taken  to  a  wharf  on  account  of 
increased  difficulty  of  controlling  his  crew,  the  danger  of  annoyance 
from  curiosity  seekers,  and  the  possibility  of  injury  from  hostile 
sources. 

Because  of  the  divergent  wishes  in  this  respect,  I  believe  that  the 
court  will  be  fully  satisfied,  and  at  the  same  time  Lieut.  Berg  can 
carry  out  his  wishes,  if  I  now  assure  you,  as  I  do,  that,  while  reserv- 
ing all  the  rights  of  the  German  Government  in  this  case,  both  before 
the  court  and  in  our  diplomatic  negotiations,  and  with  a  further 
reservation  that  such  assurance  and  agreement  shall  be  without  preju- 
dice to  the  defense,  no  change  shall  be  made  in  the  status  quo  with 
respect  to  augmentation  of  the  crew  or  equipment  that  might  be 
considered  a  breach  of  neutrality,  and  that  no  attempt  to  run  the 
vessel  away  will  be  made  so  long  as  said  ship  remains  under  the  cus- 
tody of  said  court. 

I  would  therefore  most  respectfully  request  that  you  may  com- 
municate my  assurance  to  the  Treasury  Department,  and  that  both 
Departments  may  communicate,  through  the  proper  o£Scers,  with  the 
court  and  inform  it  that,  in  view  of  my  assurance,  they  have  no 
further  requests  to  make  along  this  line  at  the  present  time,  and 
that  for  the  present  it  would  not  appear  to  be  necessary  that  the 
ship  be  removed  *o  a  wharf. 

In  my  note  of  February  22  I  requested  you  to  ask  the  Attorney 
Greneral  to  instruct  the  United  States  District  Attorney  for  the 
Eastern  District  of  Virginia  to  appear  before  the  United  States  Dis- 
trict Court  and  take  such  steps  as  may  be  necessary  and  proper  to 
secure  the  dismissal  of  the  libel.  At  a  hearing  held  before  said  court 
at  Richmond,  Va.,  on  March  7,  said  attorney  appeared  and  presented 
a  copy  of  my  said  note  of  February-  22  to  you,  but  did  not  ask  for 
the  dismissal  of  the  libel.  In  view  of  this  fact,  and  believing  at  this 
time  that  his  presence  in  said  court  will  not  be  further  necessary  for 
assisting  in  arriving  at  a  solution  of  the  case,  I  would  most  respect- 
fully request  that  you  may  ask  the  Attorney  General  to  instruct  him 
not  to  appear  further  without  securing  express  instructions  so  to  do 
for  such  special  reasons  as  your  Government  may  have  for  so  author- 
izing him. 

I  am,  etc.,  J.  Bernstorff. 


■I 

li 


Is  H 


Ml 


204         DIPLOMATIC  COBBESPONDENCE  BETWEEN 

The  Oerman  Amhatsador  to  the  Secretary  of  State. 

[Translation.] 

Oerman  Eubasst, 
Washington,  March  16,  1916. 

In  reply  to  your  kind  note  of  the  2d  instant,  I  have  the  honor,  in 
compliance  with  instructions,  to  submit  to  you  the  inclosed  memor- 
andum of  the  Imperial  Government  on  the  subject  that  has  been 
received  by  me. 

Should  the  Government  of  the  United  States  fail  to  concur  in  the 
Imperial  Government's  interpretation,  the  Imperial  Government 
would  propose  that  the  construction  of  the  treaty  in  question  be 
referred  to  The  Hague  Court  of  Arbitration  in  the  same  way  as  the 
Imperial  Government  proposed  in  the  William  P.  Fnje  case  in  Sec- 
retary of  State  von  Jagrow's  note  of  November  29  last,  to  Mr.  Gerard, 
Ambassador  of  the  United  States  at  Berlin,  provided  that  the  status 
quo  of  the  steamship  Appam  will  remain  unchanged  throughout  the 
arbitration  proceedings  and  that  the  steamer  will  be  allowed  to  remain 
with  her  prize  crew  in  an  American  port  during  that  time. 

Accept,  etc.,  J-  BiaNSTORPF. 


[Inclosure.] 

MEMOBANDUM. 

German  EMa.\s8T. 

The  Imperial  Government  does  not  consider  correct  the  interpre- 
tation of  the  Department  of  State  of  Article  19  of  the  treaty  of  1799 
as  given  in  the  note. 

The  Department  of  State  criticised  that  the  Appam  was  not 
brought  into  port  by  a  warship,  but  arrived  only  with  a  prize  crew 
on  board.  The  treaty  of  1799,  referring  to  prizes  accompanied  by 
a  warship,  speaks,  of  course,  of  commercial  warfare  as  it  was  usual 
in  those  times  and  which  could  be  carried  on  by  both  parties  only 
by  privateers.  This  made  it  necessary  that  the  prize  was  brought 
into  port  by  the  capturing  vessel.  The  development  of  modem  cruiser 
warfare,  where,  as  a  rule,  the  warship  sends  her  prize  into  port  hy  a 
military  prize  crew,  cannot  render  the  stipulations  of  Article  19  of 
said  treaty  null  and  void.  The  prize  masters  and  prize  crew,  who 
represent  the  authority  of  the  belligerent  State,  now  take  the  place 
which  the  capturing  vessel  held  formerly.  That  such  stipulations  are 
not  in  contradiction  to  the  general  rules  of  inf  rnational  law,  and 
that,  therefore,  the  treaty  is  not  subject  to  the  especially  strict  inter- 
pretation given  to  it  by  the  Department  of  State,  is  proved  by  Article 
23  of  The  Hague  Convention  regarding  neutrality  on  sea,  which  was 
adopted  by  a  great  majority,  although  under  reservation  by  the 
United  States.  Great  Britain,  and  Japan. 

The  Department  of  State  missed  in  the  commission  of  Lieut.  Berg 


m 


THE  UNITED  STATES  AND  GERMANY 


205 


an  order  to  take  the  prize  into  a  German  port,  as  it  is  unwilling 
to  admit  the  permanent  internment  of  the  German  prize  in  an  Ameri- 
can port  as  a  consequence  of  the  treaty.  As  proved  by  the  last  but 
obK>lete  sentences  of  Article  19  of  the  treaty  of  1785  and  Article  19 
of  the  treaty  of  1799,  the  object  of  Article  19  is  to  grant  asylum  or 
shelter  to  prizes  of  one  contracting  party  in  the  ports  of  the  other 
party.  The  asylum  naturally  continues  only  as  long  as  the  prise 
crew  is  on  board  and  the  danger  of  being  captured  by  enemy  naval 
forces  exists.  Both  premises  prevail  in  this  case.  Lieut.  Berg,  an 
officer  of  the  Imperial  Navy,  was  commissioned  by  the  commander  of 
a  German  warship  to  seek  with  his  prize  in  an  American  port  the 
asylum  guaranteed  by  the  treaty.  The  opinion  of  the  Department 
of  State  that  the  commisaion  must  mention  a  German  port  of  destina- 
tion for  the  prize  is  unfounded,  as  Article  19  only  provides  the  free- 
dom of  the  prize  to  leave  for  the  places  which  are  named  in  the 
commission,  but  does  not  make  the  right  of  asylum  depend  on  such 
port  being  mentioned.  Such  an  indication  seems  superfluous  if  the 
prize  is  conducted  by  a  prize  crew  mustered  from  the  Imperial  Navy, 
for  such  crew  has  to  bring  the  prize  into  a  German  port  as  soon  as 
possible.  At  present  the  claim  for  asylum  naturally  still  exists,  con- 
sidering the  uneven  distribution  of  the  domination  of  the  seas  between 
the  belligerents. 

As  long  as  the  right  of  asylum  lasts  the  jurisdiction  of  American 
courts  over  the  prize  is  formally  excluded  by  Article  19;  a  German 
prize  court  alone  is  competent.  The  opinion  of  the  Department  o£ 
State  that  the  American  courts  must  decide  about  the  claims  of  the 
British  shipping  company  is  incompatible  with  the  treaty  stipulations. 

It  is  therefore  respectfully  requested  that  the  prize  crew  should 
be  permitted  to  remain  in  the  American  port,  and  also  that  the  legal 
steps  before  an  American  court  should  be  suspended. 


The  Secretary  of  State  to  the  Ocrman  Ambassador. 

Department  op  State, 
Wa,shington,  April  7,  1916. 
Excellency  : 

I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the 
16th  ultimo,  inclosing  a  memorandum  of  the  Imperial  German  Gov- 
ernment on  the  subject  of  the  Appam,  now  at  Norfolk.  The  memor- 
andum of  the  Imperial  Government  contends,  in  brief,  that  Article  19 
of  the  treaty  of  1799  "speaks,  of  course,  of  commercial  warfare  as 
it  was  usual  in  those  times  and  which  would  be  carried  on  by  both 
parties  only  by  privateers,"  and  that  the  development  of  modem 
cruiser  warfare,  in  which  a  prize  master  and  crew  representing  the 


m 


^i 


M  • 


i\  ■■  ■ 


206        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

authority  of  a  belligerent  State  now  take  the  place  which  the  con- 
voying vessel  formerly  held,  should  govera  the  present  interpreta- 
tion of  the  treaty.  The  Oovernment  of  the  United  States  agrees 
with  the  German  Government's  statement  that  the  treaty  speaks  of 
a  mode  of  warfare  in  use  at  the  time  the  treaty  was  negotiated.  It  is 
precisely  for  this  reaiton  that  the  Government  of  the  United  States 
dot's  not  believe  that  the  treaty  was  intended  to  apply  to  circum- 
stances of  modern  warfare  whieh  are  essentially  different  from  those 
in  vogue  at  the  close  of  the  eighteenth  century.  The  Government  of 
the  United  States  does  not  understand  upon  what  ground  the  Imperial 
Government  contends  that  a  treaty  granting  concessions  under  spe- 
cifically mentioned  circumstances  can  be  construed  to  apply  to  a 
situation  involving  other  and  different  circumstances.  To  grant  lim- 
ited asylum  in  a  neutral  port  to  a  prize  accompanied  by  the  capturing 
vessel  is  not  the  granting  of  a  right  of  "laying  up"  in  a  neutral  port 
a  prize  which  arrives  in  the  control  of  a  prize  master  and  crew. 

Your  Excellency's  Oovernment  further  contends  that  Article  19, 
besides  being  applicable  to  modern  conditions,  is  not  contrary  to  the 
general  rules  of  international  law,  and  therefore  not  subject  to  a 
restricting  interpretation,  and  in  support  of  this  cites  as  declaratory 
of  the  general  rules  of  international  law  Article  23  of  Hague  Con- 
vention XIII.  As  indicated  by  the  Imperial  Government,  the  United 
States  did  not  in  the  case  of  this  convention,  and  never  has,  assented 
to  the  sequestration  of  prizes  in  its  ports.  The  ground  of  this  posi- 
tion of  the  United  States  is  that  it  does  not,  in  the  opinio-^  of  this 
Government,  comport  with  the  obligations  of  a  neutral  power  to  allow 
its  ports  to  be  used  either  as  a  place  of  indefinite  refuge  for  belliger- 
ent prizes  or  as  a  place  for  their  sequestration  during  the  proceedings 
of  prize  courts.  The  contention  of  the  Government  of  the  United 
States  in  its  note  of  March  2  in  this  case  is  consistent  with  this  long- 
established  and  well-known  policy  of  the  American  Government,  in 
the  light  of  which  the  treaty  of  1799  was  negotiated  and  has  been 
enforced  and  applied.  Provided  the  vessel  enters  an  American  port 
accompanied  by  a  German  naval  vessel.  Article  19  contemplates  in 
the  view  of  this  Government  merely  temporary  sojourn  of  the  prize 
in  an  American  port  and  not  its  sequestration  there  pending  the 
decision  of  a  prize  court. 

Holding  the  view  that  Article  19  is  not  applicable  to  the  case  of 
the  Appam,  this  Govornment  does  not  consider  it  necessary  to  dis<us8 
the  contention  of  the  Imperial  Oovernment  that  under  Article  19 
American  courts  ore  without  jurisdiction  to  interfere  with  the  prize, 


THE  UNITED  STATES  AND  GERMANY 


207 


and  for  the  ume  re*Hon  it  lannot  accede  to  the  rt  quest  that  the 
"lef^al  steps  before  an  Aiueii  an  court  should  be  suHpended." 

Id  Your  Excellency 'm  note  tranimittiiiff  the  memorandum  of  your 
Government  it  is  proposed  that  i^hould  this  Government  fail  to  concur 
in  the  contentions  of  the  Imperial  Government  th<!  construction  of  the 
treaty  in  question  be  referred  to  The  Hague  Court  of  Arbitration  in 
the  same  way  as  the  Imperial  Government  has  proposed  to  do  in  the 
William  P.  Frye  case  provided  that  the  ttatut  quo  <>t  the  Appam 
remain  unchanged  throughout  the  arbitration  prooeeding^i  and  that 
the  steamer  bo  allowed  to  r<»main  with  her  prize  crew  in  an  American 
port  during  that  tinie.  It  if  cgretted  that  this  proposal  which  appeals 
to  the  principle  of  arbitration,  of  which  this  Government  is  an  earnest 
advocate,  cannot  be  accepted  in  this  F'^rticular  case  by  the  Govern- 
ment of  the  United  Statcii.  Its  acceptance  would  manifestly  defeat 
the  very  object  of  the  United  States  in  its  reservation  to  Article  23 
of  Conventio.'i  XIII  by  allowing  the  prize  to  remain  in  an  American 
port  for  an  indefiu  .c  period  while  tli"  arbitration  proceedings  wore 
in  progress,  which  might  continue  until  after  peace  is  restored.  In 
this  respect  the  case  differs  from  that  of  the  ^Y^^^iam  P.  Frye.  More- 
over, inasmuch  as  the  Appam  has  been  libeled  in  the  United  States 
District  Court  by  the  alleged  owners,  this  Government,  under  the 
American  system  of  government,  in  which  the  judicial  and  executive 
branches  are  entirely  separate  and  independent,  could  not  vouch  for 
a  continuance  of  the  status  quo  .  f  the  prize  during  the  progress  of 
the  arbitration  proposed  by  the  Imperial  Government.  The  Unit.d 
States  Court,  having  taken  jurisdiction  of  the  vessel,  that  jurisdic- 
tion can  only  be  dissolved  by  judicial  proceedings  leading  to  a 
decision  of  the  court  discharging  the  case — a  procedure  whi.  li  the 
executive  cannot  summarily  terminate. 

In  these  circumstances  the  Government  of  the  United  States  can 
only  accept  the  proposal  of  the  Geiuian  Government  tor  the  arbi- 
tration of  the  meaning  of  Article  19  of  the  treaty  of  1799.  upon  the 
understanding  that  the  Appam  depart  from  the  territorial  jurisdic- 
tion of  the  United  States,  in  the  event  that  the  libel  is  dismissed  by 
the  court  and  after  .she  has  had  a  reasonable  time  to  take  on  board 
such  supplies  as  may  be  necessary,  in  the  .judgment  of  this  Govern- 
ment, for  a  voyage  to  the  nearest  port  subject  to  the  sovereignty  of 
Germany;  and  failing  this,  that  she  be  released  and  the  prize  master 
and  crew  be  interiuil  for  the  remainder  of  the  war. 

Accept,  etc.,  Robert  Lans.so. 


208         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Part  XIII. 
NONCONTRABASD  CHARACTER  OF  HYDROAEROPLANES. 


M 


■1  > 


^t 


}r.^ 


The  Otrman  Amba$iador  to  the  Secretary  of  State. 

Imperial  German  Embabst, 
Washington,  January  19,  1915. 

Mb.  Secretary  or  State: 

It  has  come  to  my  knowledge  that  a  number  of  hydroaeroplane, 
have  been  ordered  in  the  United  States  for  l)elligerent  State,  from 
the  Curtia  plant  at  Hammondaport,  N.  Y..  and  that  a  part  of  them 
haa  already  been  delivered.  .  ,    .    .„. 

An  airahip  named  America  waa  delivered  in  October  of  last  year 
to  England  and  five  more  hydroaeroplanes  of  the  aame  type  have 

bMn  delivered  since.  ,  .i.    t  v 

England  has  also  ordered  twenty-four  hydroaeroplanes  of  the  1.  JN. 
model  (70  horsepower)  from  Curtis. 

Curtis  is  also  building  for  England  twelve  hydroaeroplanes  of  the 
K  model  of  160  horsepower. 

RuMia  has  also  recently  ordered  a  number  hydroaeroplanes  of  the 
K  model  from  Curtia.    How  many  is  not  yet  known. 

The  motors  for  the  aeroplanes  are  built  pa.  y  by  Curtis  himself 
at  Hammondsport,  partly  by  the  Herschel  Spillman  Motor  factory  at 
North  Tonawanda,  N.  Y. 

The  wings  are  made  at  the  Curtis  plant,  t.     minor  parts  by  the 

Autocrat  Manufacturing  Co. 

The  Tonawanda  Boat  Co.  furnishes  the  boat  part. 

There  is  no  doubt  that  hydroaeroplanes  must  be  regarded  as  war 
vessels  whose  delivery  to  belligerent  States  by  neutrals  should  be 
stopped  under  Article  8  of  the  Thirteenth  Convention  of  the  Second 
Hague  Conference  of  October  18,  1907.  Hydroaeroplanes  are  not 
mentioned  by  name  in  the  Convention  simply  because  there  was  none 
in  1907  at  the  time  of  the  Conference. 

On  the  supposition  that  hydroaeroplanes  are  delivered  to  belliger- 
ents against  the  wishes  of  the  Government  of  the  Tuited  States,  I  have 
the  honor  to  bring  the  foregoing  to  Your  Excellency's  kind  knowledge. 
Accept,  etc.,  J-  Beknstobff. 


B 


THE  UNITED  STATES  AND  GERMANY 


209 


The  Stcrttary  of  State  to  tkt  Otrman  Ambauador. 

Department  or  State, 
WaMhington,  January  '29,  1915. 

EXCILLINCT : 

I  have  the  honor  to  acknowledge  the  receipt  of  Your  Excellency 'a 
note  of  the  19th  inatant,  and  in  reply  have  to  inform  you  that  the 
■Utementa  contained  in  Your  Excellency's  note  have  received  my 
careful  conaideration  in  view  of  the  earnest  purpow  of  thin  Govern- 
ment to  perform  every  duty  which  is  imposed  upon  it  as  a  neutral 
by  treaty  stipulation  and  internntionnl  law. 

The  eaaentipl  statement  in  your  note  vhieh  implies  an  obligation 
on  the  part  of  this  Government  to  ir  '  i"  the  sale  and  delivery 
of  hydroaeroplanes  to  belligerent     •»    •    -^    ts: 

There  is  no  doubt  that  hydrr 
vesBcls  whotte  delivery  to  belli' 
stopped  under  Article  8  of  t*  •    '  ■ 
Hague  Conference  of  Octot. 


lil    t-i  III 

•'   ue 

ded  as  war 

<l;'I 

1         •( 

should  be 

.,tl    ■• 

i-i'iMl   ' 

he  Second 

iiMr.i 


1  i.tlr   •  ."( pi  'les  I  submit 

;  ytroa-rop  ine  is  fitted 

,    ..  .  :    :,r>\  <  jes  not  in  my 

'  iii.y         '    (''an  the  wheels 

'    u  ai  1  might  upon  land 


As  to  this  assertion  of  * 
the  following  comments:  'i.:.  1  ' 
with  apparatus  to  rise  from  an  j'.^. 
opinion  give  it  the  character  of  a  ^'' 
attached  to  an  aeroplane  fitting  it  t 
give  the  latter  the  character  of  a  lai..i  .tniclc.  lioth  the  hydro- 
aeroplane and  the  aeroplane  are  essentially  air  craft;  as  an  aid  in 
military  operations  they  can  only  be  used  in  the  air;  the  fact  that 
one  starts  its  flight  from  the  surface  of  the  sea  and  the  other  from 
the  land  is  a  mere  incident  which  in  no  way  affecta  their  aerial 
character. 

In  view  of  these  facte  I  must  dissent  from  Your  Excellency's 
aaaertion  that  "there  is  no  doubt  that  hydroaeroplanes  must  be 
regarded  aa  war  vessels,"  ana  consequently  I  do  not  regard  the 
obligations  imposed  by  treaty  or  by  the  accepted  rules  of  lutemational 
law  applicable  to  air  craft  of  any  sort. 

In  this  connection  I  further  call  to  Your  Excellency's  attention 
that  according  to  the  latest  advices  received  by  this  Department  the 
German  Imperial  Government  include  "balloons  and  flying  mchines 
and  their  component  parts"  in  the  list  tf  conditional  con  band, 
and  that  in  the  Imperial  Prize  Ordinance,  drafted  Septen.  r  30, 
1909,  and  issued  in  the  HeichsgcseUblatt  on  August  3,  1914,  appear 


mM 


If 


210        DIPLOMATIC  COBRESPONDENCE  BETWEEN 

aa  conditional  contraband  "airships  and  flying  machines"  (Article  23, 
section  8).  It  thus  appears  that  the  Imperial  Government  have 
placed  and  still  retain  air  craft  of  all  descriptions  in  the  class  of 
conditional  contraband,  for  which  no  special  ti-eatment  involving 
neutral  duty  is,  so  far  as  I  am  advised,  provided  by  any  treaty  to 
which  the  United  States  is  a  signatory  or  adhering  power. 

As  in  the  views  of  this  Department  the  provisions  of  Convention 
XIII  of  the  Second  Hague  Conference  do  not  apply  to  hydroaero- 
planes I  do  not  consider  it  necessary  to  discuss  the  question  as  to 
whether  those  provisions  are  in  force  during  the  present  war. 

Accept,  etc.,  W.  J.  Bbtan. 


■\ 


i: 


■A 


,1 

'a 


w- 


T, 


Part  XIV. 


BEG  ALL  OF  CAPTAIN  VON  PAPEN.  MILITABY,  ATTACHE, 
AND  CAPTAIN  BOY-ED,  NAVAL  ATTACHE,  OF  THE 
GERMAN  EMBASSY  AT  WASHINGTON. 


The  Secretary  of  State  to  the  Oerman  Ambassador. 

Department  of  State, 
^Yashington,  December  4,  1915. 

Excellency  : 

Confirming  my  conversation  with  you  on  December  first,  I  have  the 
honor  to  state  that  various  facts  and  circumstances  having  come  to 
thi-  knowledge  of  the  Government  of  the  United  States  as  to  the  con- 
nection of  Captain  Boy-Ed,  Naval  Attache,  and  Captain  von  Papen, 
Military  Attache,  of  the  Imperial  German  Embassy,  with  the  illegal 
and  questionable  acts  of  certain  persons  within  the  United  States,  the 
President  reached  the  conviction  that  the  continued  presence  of  these 
gentlemen  as  Attaches  of  the  Embassy  would  no  longer  serve  the 
purpose  of  their  mission,  and  would  be  unacceptable  to  this  Govern- 
ment . 

The  President,  therefore,  directed  me  to  notify  Your  Excellency, 
as  I  did  oniUy.  that  Captain  Doy-Ed  and  Captain  von  Papen  are  no 
longer  acceptable  to  the  Government  of  the  United  States  as  Attaches 


THE  UNITED  STATES  AND  GERMANY 


211 


of  His  Imperial  Majesty's  Embassy  at  Washington,  and  to  request 
that  your  Exce,?cacy's  Oovemment  withdraw  them  immediately  from 
their  official  connection  with  the  Imperial  German  Embassy. 

As  I  informed  you  at  the  time  of  our  interview,  the  Government 
of  the  United  States  deeply  regrets  that  this  action  has  become  neces- 
sary and  believes  that  the  Imperial  Government  will  realize  that  this 
Government  has,  in  view  of  all  the  circumstances,  no  alternative 
course  consistent  with  the  interests  of  the  two  Governments  in  their 
relations  with  each  other. 

Accept,  etc.,  Robert  Lansing. 


The  Secretary  of  State  to  the  Oerman  Ambassador. 

Department  of  State, 
Washington,  December  10,  1915. 
Mt  dear  Mr.  Ambassador: 

On  December  1st  I  informed  Your  Excellency  that  Captain  Boy-Ed. 
the  Naval  Attache  of  your  Embassy,  and  Captain  von  Papen,  the 
Military  Attache,  were  iio  longer  persona  grata  to  my  Gov.^rnmi-nt 
and  requested  that  the  Imperial  Government  immediately  recall  the 
two  attaches. 

As  ten  days  have  passed  without  the  request  of  this  Government 
being  complied  with  and  without  communication  from  you  oa  the 
subject  other  than  your  personal  letter  of  the  5th  instant,  which  \n 
no  way  affected  the  fact  that  the  two  attaches  were  unacceptable  or 
presented  a  ground  for  delay,  I  feel  compelled  to  direct  your  atten- 
tion to  the  expectation  of  this  Government  that  its  request  would  be 
immediately  granted. 

I  trust,  my  dear  Mr.  Ambassador,  that  you  appreciate  the  situa- 
tion and  will  urge  upon  your  Government  a  prompt  onipliance  with 
the  re<iuest  in  order  that  this  Government  may  not  be  compelled  to 
take  action  without  awaiting  the  recall  of  the  attaches,  an  action 
which  this  Government  does  not  desire  to  take  but  will  be  forced  to 
take  unless  the  Imperial  Government  meets  the  express  wish  of  this 
Government  without  further  delay.  I  need  not  impress  upon  Your 
Excelleney  the  desirability  of  avoiding  a  circumstance  which  would 
increase  the  embarrassment  of  the  present  situation. 

I  am,  etc.,  Robert  Lanoi.so. 


\'^ 


■■ " 


I*?-;- 

■j  ■ 


212        DIPLOMATIC  COSRESPONDENCE  BETWEEN 
The  German  Ambassador  to  the  Secretary  of  State. 

[Translation.] 

Qebuan  Embasst, 
Washington,  December  10,  1915. 

''"in'rTprfo  yTufnoi:  No.  1686  of  the  4th  of  this  month  I  have 
the  honor  to  inform  Your  Excellency  that  his  Maj«stythe  Emperor 
and  King  has  been  most  graciously  pleased  to  recall  the  Naval  Attache 
of  the  Imperial  Embassy,  Captain  Boy-Ed,  and  the  Militaiy  Attach!, 

^*^l\m^nstrSto  beg  Your  Excellency  to  obtain  for  the  above- 
named  gentlemen  and  their  servants.  Gustav  Winkow  and  Otto  Mah- 
low,  a  safe  conduct  for  the  return  trip  to  Germany  from  the  Powers 
at  war  with  the  German  Empire,  and  also  to  insure  the  trip  of  the 
successor  of  those  gentlemen  to  the  United  States  m  the  event  of 
their  being  appointed  by  His  Majesty.  Rerxstorpf 

Accept,  etc.,  ''•  «ernstobff. 


III 

I 


H 


ml 


#4 


The  Secretary  of  State  to  the  Oerman  Ambassador. 

Department  of  State, 
Washington,  December  11,  1915. 

EXCELLBNCT :  ,  „  t.        ii  > 

I  have  the  honor  to  acknowledge  the  receipt  of  Your  Excellency  a 
note  of  the  10th  instant,  notifying  me  that  His  Majesty  the  Emperor 
and  King  has  been  pleased  to  recall  Captain  Boy-Ed,  the  Naval 
Attach!  and  Captain  von  Papon,  the  Military  Attache,  of  the  Im- 
perial German  Embassy,  pursuant  to  this  Government's  request  of 

the  4th  instant.  ,    ,   ^i. 

In  accordance  with  Your  Excellency's  wishes,  I  have  had  the 
honor  to  request  of  the  Powers  at  war  with  the  German  Empire  safe 
conducts  for  these  gentlemen  and  their  servants.  Gustav  Wmkow  and 
Otto  Mahlow.  Upon  the  receipt  of  notice  that  His  Majesty  the 
Emperor  and  King  has  designated  the  successors  of  these  gentlemen, 
and  after  the  Government  of  the  United  States  has  decided  upon  their 
acceptability,  it  will  be  my  pleasure  to  request  the  Powers  at  war 
with  the  German  Empire  to  provide  safe  conducts  for  their  passage 
to  the  United  States. 

Accept,  etc.,  Rob^bt  Lansing. 


THE  UNITED  STATES  AND  GERMANY 
The  Secretary  of  State  to  the  German  Ambassador. 


213 


DEP.VBTHENT  OF  STATE, 

Washington,  December  15,  1915. 
Mt  dear  Mr.  Ambassador: 

I  am  advised  by  the  British  and  French  Ambassadors  that  safe 
conducts  will  be  furnished  to  Captains  Boy-Ed  and  Von  Papen  for 
their  return  to  Germany,  it  being  understood  that  they  will  take  the 
southern  route  to  Holland.  The  Ambassadors  request  information 
as  to  the  vessel  and  date  of  sailing  of  the  two  gentlemen,  which  I 
hope  you  will  furnish  at  your  earliest  convenience.  It  is  also  under- 
stood that  they  will,  of  course,  perform  no  unneutral  act,  such  as 
carrying  dispatches  to  the  German  Government. 

I  am,  etc.,  Robert  Lansinq. 


-  ui 


'*>!| 


The  Secretary  of  State  to  the  German  Ambassador. 

Department  of  State. 
Washington,  December  18,  1915. 
Excellency : 

I  have  the  honor  to  acimowledge  the  receipt  of  your  note  of  the 
10th  instant,  by  which  I  am  advised  that  His  Majesty  the  Emperor 
has  recalled  Captain  Boy-Ed  and  Captain  von  Papen,  Naval  Attache 
and  Military  Attache,  respectively,  of  your  Embaswy,  and  requested 
to  obtain  for  these  officers  a  safe  conduct  for  their  return  trip  to 
Germany. 

I  did  not  fail  to  place  myself  at  once  in  communication  with  the 
British  and  French  Ambassadors  on  the  subject,  and  I  have  now  the 
honor  to  transmit  to  Your  Excellency  two  authenticated  sets  of  copies 
of  notes  from  them,  which  I  am  assured  will  be  regarded  by  officers 
of  the  Allied  cruisers  a  i  safe  conducts,  provided  Captain  Boy-£d  and 
Captain  von  Papen  follow  the  south  route  via  Holland.  I  further 
enclose  a  passport  for  each  of  these  gentlemen. 

Accept,  etc.,  Robert  LiAMaiNo. 


!  > 


'-f^^Wii.i:y>sir' 


I   I 


(i' 


214        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Part  XV. 

TRANSMISSION    OF    MAIL    OF    AMERICAN    DIPLOMATIC 
AND   CONSULAR   OFFICERS. 


The  Secretary  of  State  to  Amlassador  Gerard.^ 

[Telegram.] 

Department  op  State, 
Washington,  November  25,  1914. 
This  Government  is  desirous  of  establishing  uniform  regulations 
for  transmission  of  correspondence  of  American  diplomatic  and  con- 
sular officers  in  belligerent  territory.  Inquire  of  German  Govern- 
ment whether  it  would  agree  to  the  following  regulations  for 
American  diptomatic  and  consular  officers  in  Germany :  B  irst^  all 
correspondence  between  American  diplomatic  and  consular  offers 
within  Austrian  territory  to  be  inviolable  if  under  seal  of  office; 
second,  no  correspondence  of  private  individuals  to  be  forwarded 
by  diplomatic  and  consular  officers  under  official  cover  or  seal;  third, 
official  correspondence  between  American  diplomatic  officers  residing 
in  different  countries  is  not  to  be  opened  or  molested  if  under  seal 
of  office;  fourth,  official  correspondence  under  seal  of  office  between 
Department  of  State  and  American  diplomatic  and  consular  otticers 
is  not  to  be  opened  or  molested;  fifth,  pouches  under  seal  passing 
between  American  diplomatic  missions  by  mail  or  courier  not  to  be 
opened  or  molested ;  sixth,  correspondence  other  than  that  described 
in  foregoing  sent  by  ordinary  mail  to  be  subject  to  usual  censorship. 
Similar  inquiries  being  made  of  other  belligerent  governments  in 
respect  to  correspondence  of  American  officers  in  their  dominions. 

DRY  AP* . 


I'       '■ 
it'- 


i-    •  > 


The  Secretary  of  State  to  Ambassador  Gerard. 
[Telegram.] 

Department  of  State, 
Washingfon.  April  23.  1915. 
Department  "s  310.  November  25,   1914.   and   circular  December 

In  view  of  understanding  between  United  States  and  belligerent 
countries    regardins   inviolability   of    Department  s   diplomatic    and 

■'  Sam.    in,itBii-  naitan.lis.  t<.  tli.-  Kmb««si,.s  at  London.  Vienna,  Paris,  Tokyo, 
and  ConBtiintinoplf.  and  the  U-Kation  at  Buchar«t. 
•  Not  printid. 


■  i 


%^:i'<^w- 


THE  UNITED  STATES  AND  GERMANY 


215 


consular   correspondence,   the    following   rules   established   by   the 
Department  are  hereby  called  to  your  attention: 

1.  Communications  from  private  individuals  or  institutions  abroad 
to  private  individuals  or  institutions  in  United  States  should  not  be 
sent  in  Department  pouches. 

2.  Personal  letters  from  United  States  Diplomatic  or  Consular 
officers  or  employees  of  American  missions  or  consulates  abroad 
addressed  to  private  individuals  in  United  States  may  be  sent  in 
pouches,  but  should  be  censored  by  heads  of  missions  with  a  view 
to  prevent  transmission  of  statements  which  would  otherwise  be  cm- 
sored  by  Governments,  and  should  be  left  unsealed  with  postage 
fully  prepaid. 

3.  Official  correspondence  of  diplomatic  and  consular  officers  to 
individuals  outside  of  Department  sliould  be  marked  "Official  busi- 
ness," and  should  be  left  unsealed. 

4.  Communications  from  nations  at  war  to  agents  in  the  United 
States  should  not  be  transmitted  through  pouches. 

5.  The  Department  reserves  right  to  censor  all  mail  received  in 
the  pouches.  Bryan. 


Part  XVI. 
CENSORSHIP   OF   TELEGRAMS. 


Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram — Paraphrase.] 

Americ.w  Embassy, 
Berlin,  Diccmber  4.  1914. 
Mr.  Gerard  says  the  German  Foreign  Offit-e  in  referring  to  the 
necessity  for  uninterrui''od  tek-<rraphie  communications  between  Ger- 
many and  the  United  Siatrs  relntivc  to  cotton  matters  states  that  it 
seems  from  reliable  sources  that  cablegrams  sent  over  commercial 
lines  and  Western  Union  to  Memphis  and  New  Orleans,  even  from 
neutral  co\inti'ics  referring  to  cotton  transactions  and  giving  or 
confirming  orders  or  repetition  of  unanswered  messages  have  not 
been  acknowledged.  Mr.  Gerard  says  the  German  tJovemiuent 
assumes  therefore  that  the  interested  parties  in  Great  Britain  liave 
censored  these  niessapes  so  as  to  rendiM-  iixiefinite  her  agreement  that 
cotton  might  go  to  European  eountrirs  as  noncontraband.  .Mr. 
Gerard  adds  that  the  German  Government  asks  the  United  States 
Government  to  take  tl;e  iieces.sary  steps  to  secure  the  uninterrupted 
transmission  of  cotton  messages. 


-if, 


If 


216        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Part  XVII. 

DISPLAY    BY    NAVAL     VESSELS     OP     DISTINGUISHING 
MARKS    ON    THE    HIGH    SEAS. 


\i  '■ 


J '  , 


The  Oerman  Ambassador  to  the  Secretary  of  State. 

[Translation.] 

German  Embassy. 
Washington,  Dec.  1,  1915. 

Mr.  Secretary  op  State:  ,     ,  v 

By  direction  of  my  Government  I  have  the  honor  to  ask  of  Your 
Excellency  that  orders  be  issued  to  the  Commanding  officers  of 
American  Warships  in  the  Mediterranean  to  display  the  national 
flag  so  that  it  can  be  clearly  SL-en  by  day  and  to  keep  the  ship  and 
flag  sufficiently  lighted  bv  night,  in  order  to  avoid  their  being  mis- 
taken for  warships  of  the  States  at  war  with  the  Central  Powers. 
The  Imperial  Government  has  the  honor  to  offer  this  suggestion 
with  a  view  to  preventing  error  in  submarine  attacks. 
Accept,  etc., 

(For  the  Imperial  Ambassador:) 

Pbinz  Hatzfeldt. 


M  i*. 


The  Secretary  of  State  to  the  German  Ambassador. 

Department  of  State, 
December  10,  1915. 

Excr      ENCY  • 

errinp  to  Your  E.KCcUcncy  "s  Note  of  December  1,  1915 
(No.  V.  782 ,  in  which  you  ask,  by  direction  of  your  Government, 
that  <  i  bt  issued  to  the  commanding  officers  of  American  war- 
ships til.  Mediterranean  to  display  the  national  flag  so  that  it 
can  be  ci  irly  seen  by  day  and  to  keep  the  ship  and  flag  sufficiently 
lighted  hy  night,  in  order  that  the  vessels  of  this  Government  may 
not  be  mistaken  for  warships  of  the  States  at  war  with  the  Central 
Powers.  1  have  the  honor  to  transmit  herewith  a  copy  of  a  com- 
munication dated  December  10,  1915.  from  the  Secretary  of  the 
Nav>-,  indicating  the  reasons  why  the  Navy  Department  must  decline 
to  issue  the  orders  as  suggested  by  the  Imperial  Government. 

The  substance  of  the  Secretary  of  the  Navy's  letter  has  been 


THE  UNITED  STATES  AND  GERMANY 


217 


tranamitted  to  the  American  Ambassador  at  Berlin  by  telegraph  for 
communication  to  the  Imperial  Foreign  Office. 

Accept,  etc.,  Robert  Lansino. 


[Inclosure.] 

The  Secretary  of  the  Savy  to  the  Secretary  of  State. 

Navy  Department, 
Washington,  December  10,  1913. 

Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter 
of  December  8,  1915,  transmitting  a  copy  in  translation  of  ii  note 
dated  December  1, 1915,  from  the  German  Ambassador  at  this  capital, 
asking  that  orders  be  issued  to  the  commanding  officers  of  American 
war  vesseU  in  the  Mediterranean  to  display  the  national  flag  so 
that  it  can  be  clearly  seen  by  day  and  to  keep  the  ship  and  flag 
sufficiently  illuminated  at  night,  in  order  that  the  vessels  of  this 
Government  may  not  be  mistaken  for  the  warships  of  the  states  at 
war  with  the  Central  Powers.  It  is  further  noted  from  the  inclosure 
that  the  German  Government  offers  this  suggestion  with  a  view  to 
preventing  error  in  submarine  attacks. 

The  distinguishing  marks  and  lights  to  be  carried  by  men-of-war 
on  the  high  seas  are  prescribed  by  international  agreement  as 
embodied  in  the  statute  law  of  the  United  States  in  regulations  for 
preventing  collisions  at  sea.  These  rules  do  not  require  the  display 
of  colors  by  day  when  not  in  sight  of  other  vessels  nor  do  they  require 
the  display  of  colors  at  night  nor  the  illumination  of  the  ship  and 
colors  at  night. 

Within  territorial  waters  or  blockaded  areas  this  Department  con- 
cedes the  right  of  a  foreign  government  to  require  the  use  of  special 
distinguishing  lights  or  signals,  and  in  fact  such  local  regulations 
are  provided  for  by  the  international  rules  above  mentioned. 

On  the  high  seas,  however,  no  nation  has  a  right  to  prescribe  or 
suggest  rules  for  the  conduct  of  the  ves.sels  of  other  nations,  and 
the  responsibility  for  preventing  attacks  on  innocent  vessels  under 
the  circumstances  suggested  by  the  German  Government  must  rest 
with  the  belligerent  nation  concerned  and  not  with  the  neutral  nation 
whose  flag  the  ship  may  fly. 

This  Department  considers  that  the  entering  into  of  an  arrange- 
ment with  one  or  more  belligerents,  not  provided  for  by  international 
agreement,  would  be  a  most  dangerous  and  inexpedient  procedure. 

In  view  of  the  above,  this  Department  must  decline  to  issue  the 
orders  requested  by  the  German  Ambassador  to  the  commanding 
officers  of  American  war  vessels  in  the  Mediterranean  and  must  con- 
tinue to  consider  that  the  German  Govrmment  is  wholly  and  fully 
responsible  for  the  prevention  of  unintentional  attacks  by  its  naval 
forces  on  the  vessels  of  the  United  States. 

Very  sincerely,  ycur-.,  Jo.si;i'hu8  Daniels. 


H 


■■( 


•n    1 


218        DIPLOMATIC  CORRESPONDENCE  BETWEEN 
Ambauador  Gerard  to  the  Secretary  of  State. 

American  Ehbasst, 
Berlin,  January  24,  1916. 
SiB-  With  reference  to  the  Department's  telegram  No.  2491,' 
of  December  10,  1915.  5  p.  m.,  regarding  certain  suggertion.  or 
instructions  on  the  part  of  the  German  «»^«™™«;*'  «PP^j;";  *^ 
American  ships  of  war  in  the  Mediterranean,  ^'^ichj^ewj.r'.nght 
to  your  attention  by  the  German  Ambassador  in  Washington  I  have 
tL  honor  to  inform  you  that  I  did  not  faU  to  bring  the  contents  of 
the  Department's  telegram  to  the  attention  of  the  I^nP*"*^  Secretaiy 
of  State  for  Foreign  Affairs  on  December  14,  last,  and  that  I  am 
now  in  receipt  of  his  reply,  a  copy  in  translation  of  which  I  mclose 
herewith.    A  resume  of  this  Note  has  to-day  been  cabled  to  the 
Department  in  the  Embassy's  telegram  3386. 

^  ^'^'•«'  '^*='  James  W.  Gebard. 


,   J 

i1 


ml 


M    ;  S 


flnclosure— Translation.] 
Tht  German  Minister  for  Foreign  Affairs  to  Ambassador  Gerard. 

Foreign  Office. 
Berlin,  January  19,  1916. 

The  undersigned  has  the  honor  to  reply  as  follows  to  the  esteemed 
note  of  His  Excellency,  th.-  American  Ambassador,  Mr.  Gerard,  of 
December  14,  1915,  F.  O.  No.  G821 :  *  „#  ,i.„ 

If  the  Imperial  Government  proposed  to  the  Government  of  the 
United  States  that  the  American  warships  "»  the  Mediterranean  be 
instructed  to  fly  their  national  flags  clearly  visible  during  the  da> 
and  to  provide  sufficient  illumination  of  vessel  and  flag  at  night 
thU  merely  represented  a  friendly  sm,gesUon,  as  is  self-evident  from 
the  nature  of  the  matter.  It  was  by  no  means  the  intention  of  the 
Imperial  Government  to  wish  to  issue  in.^t ructions  to  the  American 
G.vornmcnt  in  this  regard.  This  suggestion  had  for  its  object  in  the 
first  place  to  servf  the  interest  of  the  American  Government,  hut 
by  no  means  to  infringe  upon  its  rights,  as  the  American  marine 
authorities  erroneously  appear  to  assunio. 

The  Imperial  Government  is  moreover  not  in  the  position  to  accept 
the  point  of  vh'w  of  the  American  marine  authorities;  that  no  state 
has  a  right  to  give  friendly  advice  to  another  state.  According  to 
the  conception  of  the  Imperial  Government,  a  belligerent  power  not 

'  Not  printed. 


THE  UNITED  STATES  AND  OERMANT 


219 


only  ha*  the  right,  but  even  the  duty  to  warn  a  nentral  of  dangers 
which  may  posaibly  menace  him,  in  case  he  shoald  get  into  unintended 
danger  throagh  operations  of  war  about  to  take  place. 

In  its  reply  of  December  14,  1915,  the  American  Government 
bases  its  point  of  view  solely  on  formal  instructions.  In  the  opinion 
of  the  Imperial  Government,  the  American  Oo^  nmcnt  docs  not 
sufficiently  take  into  account  the  fact  thp'  instructions  were 

principally  intended  to  safeguard  Khippin  inal  times;  that  is, 

in  times  of  peace.  The  particular  rcquirei..  ..  '  war  hardly  render 
the  appeal  of  a  neutral  power  to  such  ins:  tions  permissible,  if 
the  otie-sided  disadvantage  of  one  of  the  belligerents  is  thereby 
caused. 

Even  though  no  explicit  regulations  exist  with  regard  to  the 
German  suggestion,  the  German  Government  would  like  to  point 
out  in  this  connection  that  it  was  the  American  Government  itself, 
which  appealed  on  ueveral  occasionn  to  the  general  principles  of  the 
right  of  neutrality.  According  to  these,  the  neutral  state  is  in  duty 
bound,  not  intentionally  to  place  difficulties  in  the  way  of  the  military 
operations  of  one  of  the  belligerents,  unless  its  own  justified  interests 
are  violated.  The  point  of  view  taken  by  the  American  Government 
would  logically  load  to  the  result  that  even  in  times  of  war,  American 
warships,  in  appealing  to  the  right  valid  in  times  of  peace  of  free 
transit  on  the  high  seas,  could  demand  unhindered  passage  between 
two  battling  warships. 

The  foregoing  cdnsidcrations  and  urgent  military  interests,  espe- 
cially the  exigencies  of  submarine  warfare,  concerning  which  the 
American  Government  itself  admitted  in  the  note  of  July  23,  1915, 
F.  0.  No.  4376,  that  it  was  prepared  to  take  its  special  conditions 
into  account,  render  it  impossible  for  the  Imperial  Government,  to 
its  sincere  regret,  to  accept  the  American  point  of  view,  which  in 
case  of  mistaking  a  vessel,  wishes  to  place  the  blame  solely  and 
entirely  on  the  German  naval  forces. 

The  Imperial  Government  cherishes  the  hope  that  the  American 
Government,  upon  subjecting  the  German  suggestion  to  a  new  and 
well-wishing  examination,  will  not  refrain  from  listening  to  the 
above  arguments. 

While  requesting  him  to  bring  the  foregoing  to  the  attention 
of  the  American  Govcinmcnt,  the  undersigned  avails  himself  of  this 
opportunity  to  renew  to  His  Excellency,  the  Ambassador,  the  assur- 
ance of  his  highest  consideration. 

Von  Jagow. 


ill 


''I  H 

I 

'r«i    if 

■M 


220        DIPLOBIATIC  C0BRE8P0NDENCB  BETWEEN 

Paut  XVIII. 

AMERICAN  PRISONERS  OP  WAR  TAKEN  TO  GERMANY  ON 
GERMAN  PRIZE  SHIP  YARROWDALE. 


Ambatiador  Gerard  to  the  Secretary  of  StaU. 

[Telegram— Paraphrase— Extract.] 

American  Embabst, 
Berlin,  January  19,  1917. 
Mr.  Gerard  reports  that  the  evening  papera  aay  that  the  Engluh 
steamer  Yarrowdale  haa  been  brought  to  Swinemunde  as  a  priic,  hav- 
ing on  board  469  prisoners  taken  from  ships  which  had  been  captured 
by  German  auxiliary  cruisers,  among  whom  were  103  neutrals,  and 
of  this  latter  number  those  taken  on  board  enemy  armed  ships,  and 
who  had  accepted  pay  on  such  ships  would  be  held  aa  prisoners  o£  war. 


!i 


The  Secretary  of  State  to  Ambassador  Gerard. 

[Telegram— Paraphrase.  ] 

Department  or  State, 
Wanhington,  January  22,  1917. 
Mr.  Lansing  instructs  Mr.  Gerard  to  t.-lcgraph  him  at  once  if  there 
were  any  American  citizens  among  the  prisoners  brought  by  the  Yar- 
rowdale to  Swinemunde,  and  if  there  were,  to  also  give  him  their 
names  and  American  addresses. 


.1i 

il^i 


!« 


Ambassador  Gerard  to  the  Secretary  of  State. 

American  Embassy, 
Berlin,  January  24,  1917. 
Mr.  Gerard,  referring  to  the  Department's  instructions  numbered 
3809,  dated  January  22,  reports  that  he  had  sent  a  note  to  the  German 
Foreign  Office  on  the  20th  of  January,  asking  information  as  to 
whether  there  were  any  Americans  among  the  prisoners  brought  to 
Swinemunde.  No  answer  having  been  received,  he  was  sending  an- 
other note  that  day. 


THE  UNITED  STATES  AND  GERMANY  221 

Amhauador  Oerard  to  ilu  Secretary  of  Slate. 

[Telegram— ParaphraM. ) 

American  Embassy, 
Berlin,  January  26,  1917. 
Mr.  Oerard  reports  that  a  corretpondent  there  had  awiertained  on 
the  day  before  from  an  Under  Secretary  of  State  that  thtrc  were  aome 
Americana  anionR  the  107  neutrals  brought  by  the  VarrowdaU  to 
Swinemund*-,  and  also  that  there  was  an  acrinionioua  divergence  of 
opinion  as  to  what  position  the  Government  should  assume  regarding 
them.  He  also  says  he  had  sent  noten  to  the  German  Foreign  Office 
aaking  information  as  to  whether  there  were  any  Americans  among 
those  prisoners  on  January-  20th,  24th,  25th,  and  the  26th.  but  had 
received  no  answer. 


.1 


Ambauador  Oerard  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 
Berlin,  January  30,  1917. 
Following  note  received  from  Foreign  Office  to-day.    Please  note 
that  although  it  refers  to  my  note  of  twenty-fifth,  my  first  note  re- 
garding this  subject  was  written  on  [a]  subject  of  Turkey. 

"Foreign  Office,  Berlin,  January  28,  1917.  The  undersigned  has 
the  honor  to  inform  his  excellency,  Mr.  James  W.  Gerard.  Ambassa- 
dor of  the  United  States  of  America,  in  reply  to  the  esteemed  note  of 
the  twenty-sixth  instant,  Foreign  Office  number  16102,  that  in  pur- 
suance of  information  furnished  by  the  Imperial  Navj-,  there  are  a 
number  of  American  citizens  among  the  crews  of  the  sunk  armed 
English  merchantmen  Voltaire,  Mount  Temple,  and  Oeorgic  brought 
to  Swinemunde  with  the  prize  Yarrowdale  and  thereupon  taken 
away  as  prisoners  of  war.  In  order  to  ascertain  the  names  of  the 
Americans  it  is  necessary  to  examine  the  lists  of  the  crews;  these 
lists  have  been  requested ;  unfortunately  they  are  not  at  present  in 
Berlin  but  elsewhere;  in  the  hands  of  certain  military  authorities. 

"Undersigned  will  send  further  advice  at  an  early  date  and  the 
undersigned  avails  himself  of  this  occasion  et  cetera : 

"Stumm." 
Gerard. 


'I' 


If- 


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222         DIPLOMATIC  COBRESPONDENCE  BETWEEN 

Ambassador  Gerard  to  the  Secretary  of  State. 

[Telegram.] 
•  American  Embassy, 

Berlin,  February  1,  1917. 
Foreign  Office  has  sent  me  following  names  of  persons  from 
crews  of  destroyed  armed  English  merchant  ships  Georgic,  Mount 
Temple,  and  Voltaire,  who  claim  to  be  American  citizens;  all  except 
the  two  doctors  Snyder  and  Davis  and  two  veterinaries  Zabriskie  and 
McKim  are  in  prison  camp  at  Duelmen  in  Westfalen;  the  doctors  and 
veterinaries  will  probably  be  taken  to-morrow  to  the  temporan^  camp 
at  Karlsruhe.     Names  and  places  of  residence  follow :  Steamer  Gcoraw, 
Harry  Middleton,  Toledo;  William  Hutchins,  New  York;  John  Brady, 
John  McCarthy,  Harry  Hynes,  Peter  Gallagher,  all  of  New  York; 
Walter  Moffat,  Brooklyn;  Dr.  John  Davis   Columbus   MissiMippi;. 
Evans  OrviUe  McKim,  WUliam  Brown,  both  of  New  York;  Walter 
Aberle    Edward  Brennan,  both  of  Brooklyn;  Albert  Depew    New 
York;  Arthur  Thimme,  William  Kenedy,  both  of  BrooWyn;  Frank 
Daly,  Indianapolis;  Edward  Roche,  New  York;  Hems  Rei^  Idaho; 
Joseph  Sigismonde,  New  York;  John  Nyberg,  Jersey  City;  Harry  La 
Vere    New  York;  Francis  Sulley  West,  New  York;  Albert  Feroh, 
John  Carlo,  Edward  Mallon,  John  Marco,  Dun  Goodwin,  Arthur 
Field,  John  Smith,  all  of  New  York;  Arthur  Gilmore,  Providence; 
Frank  Taylor,  John  Hartly,  William  Adams,  all  of  Brooklyn;  Louis 
Hitchmough,  Jersey;  Joseph  Blacke,  Brooklyn ;  CharesOgran,  James 
Sims,  Martii  Connolly,  all  of  New  York;  John  McCarthy,  New  Bed- 
ford- Will  McKcllar,  Watertown;  John  Hutchinson,  Newton;  fcvans 
Williams,  New  York;  Keemes  Madigans,  Brooklyn;  Edward  Clark, 
of  Dallas;  Frank  McHughes,  Pat  Shea,  Thomas  McFarren,  aU  of  New 
York;  James  Parker,  New  Jersey;  John  Allen,  New  York;  Vmciah 
Edge  New  Bedford;  Thomas  Martin,  Brooklyn;  Charles  Scott   New 
York;  John  O.  Bourle,  New  Jersey;  Richard  Donnolip,  New  \ork; 
John  Ryan,  New  York;  George  Fields,  Philadelphia. 

Steamer  Mount  Temple:  Veterinary  Zabriskiv,  Englewood,  New 
Jersey ;  McGreal,  Boston ;  John  Glemann,  Cambridge,  Massachuaotts ; 
Harry  Gilmore,  Minnesota;  Raymond  Gilbert,  Farmnigton,  New 
Hampshire;  Harald  Hinkley,  Kennebeck.  ,,„,,...  „  ., 
Steamer  Voltaire:  Doctor  Henry  Snyder,  Norfolk,  Virginia ;  Da\nd 
Harrington.  Gerard. 


Ambassador  Gerard  to  the  Secretary  of  State. 
[Telegram— Paraphrase.] 

American  Embassy. 
Berlin.  Frhruarn  4.  1917. 
Mr  Gerard  reports  that  he  had  just  been  informed  by  Count  Mont- 
gelas  of  the  Foreign  Office  that  the  American  prisoners  taken  on  the 


THE  UNITED  STATES  AND  GERMANY 


223 


Yarrowdale  would  be  at  once  released  for  the  reason  that  they  could 
not  have  known  at  the  date  of  sailing  that  it  was  the  intention  of  Qer- 
many  to  regard  and  treat  armed  merchantmen  as  warships. 


11 


The  Minister  of  Switzerland,  in  charge  of  German  interests  in 
America,  to  the  Secretary  of  State. 

Legation  of  Switzerland, 
Washi:igton,  February  12,  1917. 
Sir:  Upon  cable  instructions  from  my  Government,  dated  Febru- 
ary 11th,  I  have  the  honor  to  transmit  to  the  American  Government 
the  following  communication  from  the  German  Government: 

"The  immediate  release  of  about  70  Americans,  brought  in  as 
prisoners  of  war  by  the  steamer  Yarrowdale  is  conditional  to  the 
German  vessels  in  American  waters  not  being  seized  and  their  crews 
not  being  interned. ' ' 

Accept,  etc.,  P.  Ritter. 


H 


•I 

1  ^^i 


Ambassador  Willard  to  the  Secretary  of  State. 

[  Telegram — Paraphrase.  ] 

American  Embassy, 
Madrid,  February  17,  1917. 
Mr.  Willard  reports  that  the  Spanish  Minister  for  Foreign  Affairs 
had  told  him  that  the  German  Minister  for  Foreign  Affairs  had  in- 
formed the  Spanish  Ambassador  at  Berlin  that  the  American  prison- 
ers brought  in  by  the  Yarrowdale  and  such  other  nonbelligerents 
would  be  set  at  liberty  within  a  very  short  time. 


The  Secretary  of  State  to  Ambassador  \Yillard. 

[Telegram.] 

Department  of  State. 
Washington,  February  20,  1917. 
Ambassador  Willard  is  directed  to  transmit  the  following  to  the 
Spanish  Ambassador  at  Berlin  through  the  Spanish  Foreign  Office : 

"If  Yarrowdale  prisoners  have  not  been  released,  please  make  a 
formal  demand  in  the  name  of  the  United  States  for  their  immediate 


li 


■«!• 


I 

¥ 


224        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

release  If  they  are  not  promptly  released  and  allowed  to  cro«i  the 
froSr  iithout  further  delay,  plcase  state  to  the  Foreign  Mmirter 
that  this  policy  of  the  Imperial  Government,  if  continued,  apparently 
wUhoul  fhe  lightest  justification,  wUl  oblige  t!e  Government  of 
The  United  States  to  consider  what  measures  it  may  be  necessary  to 
take  i^  order  to  obtain  satisfaction  for  the  continued  detention  of 
these  innocent  American  citizens."  Lansing. 


i 


'M 


Ambassador  Willard  to  the  Secretary  of  State. 

[  Telegram— Paraphrase.  ] 

American  Embassy, 
Madrid,  February  25,  1917. 
Mr.  Willard  refers  to  the  Department's  instructions  "lumber  269 
dated  February  20,  and  reports  that  he  has  just  been  informed  by  the 
German  Fore?gn  Office  that  the  Yarrowdale  prisoners  had  been  re- 
leased  on  the  16th. 

The  Secretary  of  State  to  Ambasiodor  Willard. 

[Telegram— Paraphrase.] 

Department  of  State, 
Washington,  February  27,  1917. 
Mr  Lansing,  noting  the  Embassy's  dispatch  num^rad  370,  dated 
PebVuary  25  h  gives  instructions  that  the  Foreign  Office  be  requested 
f,  instruct  the  Spanish  Ambassador  at  Berlin  to  at  once  telegraph 
he  Department  a  full  report  as  regards  the  Yarrowdale  pn^ners^ 
whv  they  were  held,  why  not  sooner  liberated,  their  present  where- 
rbouts   Ind   if  then  in  Germany,  whether  or  not  arrangements  for 
theTr  departure  were  being  facilitated.    Mr.  Lansing  impresses  upon 
the  Embassy  that  the  above  mentioned  matters,  as  well  as  that  of 
the  departure  from  Germany  of  other  Americans,  were  of  serious  con- 
cern to  the  United  States  Government. 


Ambassador  Willard  to  the  Secretary  of  State. 
[  Telegram— Paraphrase.  ] 

American  Embassy, 
Madrid,  March  2,  1917. 
Mr.  Willard,  referrinK  to  the  Department's  instructions,  numbered 
290  and  291,  dated  February  27,  reports  having  received  a  telegram 
from  the  Spanish  Ambassador  at  Berlin  on  March  Ist  which  confirmed 


THE  UNITED  STATES  AICD  GEBMANY 


225 


the  report  that  the  Yarrowdale  prisoners  had  been  released  on  Feb- 
mary  16th  and  were  making  prepu  rations  to  leave  Germany  when  an 
English  member  of  the  crew  contracted  typhus.  Thereupon  the  Ger- 
man Government  was  compelled  to  quarantine  them  at  Brandenburg 
and  take  additional  sanitary  precautions.  The  disease  having  attacked 
no  other  members  of  the  party  they  could  probably  leave  by  Switzer- 
land on  March  7th. 

The  Spanish  Ambassador  also  said  that  tho  German  Minister  for 
Foreign  Affairs  regretted  the  delay  and  had  lequested  that  a  Spanish 
physician  be  sent  to  verify  the  truth  of  the  above  facts.  The  Spanish 
Ambassador  had  accordingly  ordered  doctors  to  go  to  Brandenburg 
and  to  make  prompt  report  thereon,  which  report  he  would  transmit 
at  once. 


The  Minister  of  Switzerland  in  charge  of  German  Interests  in  America 
to  the  Secretary  of  State. 

Legation  op  Switzerland, 
Washington,  March  2,  1917. 
Sm :  Referring  to  my  note  of  February  12,  1917,  I  am  instructed 
and  have  the  honor  to  communicate  to  your  Excellency  the  following 
cable,  dated  March  1,  1917,  from  the  German  Government: 

"The  transfer  already  arranged  of  American  sailors  from  Yarrow- 
dale  to  the  frontier  has  not  as  yet  been  possible  because  one  of  the 
British  sailors  in  camp  of  Brandenburg,  likewise  from  Yarrowdale, 
and  interned  with  American  sailors,  was  found  to  be  sufferinf?  from 
typhus  exanthematique.  Their  transfer  to  Swiss  frontier  will  prob- 
ably take  place  March  seventh  when  quarantine  comes  to  an  end. 
Spanish  Embassy,  Berlin,  has  been  invited  to  have  doctor  of  con- 
Adence  visit  the  Americans.  This  afternoon,  two  vcterinaries  and  two 
doctors  from  the  Yarrowdale,  who  were  in  officer  prison  camp  at 
Karlsruhe,  arrived  at  Warnemunde  for  departure  to  Denmark. ' ' 
Accept,  etc.,  P.  Ritter, 


fir 


Minister  Egan  to  the  Secretary  of  State. 

[Telegram.] 

American  Legation, 

Copenhagen,  March  3,  1917. 

Mr.  Egan  reports  that  there  arrived  in  Copenhagen  on  the  first 

instant  four  American  medical  officers  who  were  released  from  the 

prison  camp  at  Karlsruhe,  Germany,  on  February  27,  brought  to  the 

frontier  of  Denmark  and  placed  in  charge  of  Danish  authorities  who 


H'. 


I'      i 


i  ■ 


226        DIPLOMATIC  COBBESPONDENCE  BETWEEN 

♦  ♦v.™  ♦«  rnnPTihanen    Dr.  H.  D.  Snyder,  of  Norfolk,  Va.,  Bigned 
rJmTort  a^nd'^HoK^  at  Jverpool  November  fifteenth 

¥LevXfrVwa8  captured  on  December  2  by  a  German  ship  supposed 
*  L  fhA  p»ma  a  converted  fruit  vessel.  Other  ships  captured  be- 
tLen  the  second  and  t^el^^^^  of  December  are  as  follows:  D«cfc«, 
J  rorn^aS  Sing  vessel  from  St.  John's.  Newfoundland;  Qtmior, 
Wh?e  Star' Sne  from  Philadelphia;  ffaHyrff  Norwegian  steamer 
i^  v.„  Vntt.  Kina  Oeorae  from  New  York;  Cambnan  Range 
fZ  &defphiafZ«r£p/e  from  Montreal;  Satnt  Theodore 

f -rn^L\;KSn«^^^  on  f  IStl.    The 

vnrrnudalp  arrived  at  Swinemunde  on  the  Slst.     ine  sauors  were 

i^nguBu  8UI8CUU,  CI  %•  ^       Tnnnnrv  25  the  men  were  sent  to 

were  put  in  frame jheds     On  Jjjvm^y  -^  '^^^  ,„  Karlsruhe.    On 

Fei'uaTlO  Z  fiSen-iew  wS  had  with  Major  Schoenbeck  the 

J^rrn^eJ^fthecampitb^^^^^^^^^ 

^^'TtrWnrnlmS.de  Xre  they  were  delivered  to  the  Danish  police. 

diate  return  to  the  United  States. 


u'4i     1^^ 


Ambassador  Willard  to  the  Secretary  of  State. 

\  Telegram— Paraphra  se.  ] 

American  Embassy, 
Madrid,  March  7,  1917. 
Mr  Willard  states  that  it  is  reported  by  the  Spanish  Ambassador 
at  Berlin  that  the  Yarrowdale  prisoners  at  Brandenburg  were  visited 
bv  the  Spanish  Embassy  doctor  on  the  first  instant.  The  doctor 
annroved  of  the  quarantine  and  stated  that  conditions  were  as 
renorted  by  German  officials.  The  case  of  typhus  occurred  on  the 
twentieth  of  February  and  unless  new  cases  occur  the  QUfranUne 
Si  end  on  the  seventh  of  March.  The  "lootor  fur  her  stated  that 
Th  men  had  no  complaint  to  make  other  thjm  o  diet  ""d  weT  Jad 
to  learn  of  their  approaching  relensc.  Only  five  of  the  n"y-8e\^° 
Americans  were  in  the  hospital,  those  suffering  from  slight  colds 
andXmen  of  other  nationalities  are  under  medical  observation. 


THE  UNITED  STATES  AND  GERMANY 
Ambatsador  Willard  to  the  Secretary  of  State. 


2Zl 


[Telegram.] 

American  Eubasst, 
Madrid,  March  12,  1917. 
Mr.  Willard  reports  that  it  is  stated  by  the  Spanish  Ambassador 
at  Berlin  that  fifty-nine  Americans  of  the  Yarrowdale  detained  at 
Brandenburg  left  Germany  via  Sweden  on  March  eighth  and  one 
other  from  another  camp  was  also  released.  Willard. 


Minister  Stovall  to  the  Secretary  of  State. 

[  Telegram — Paraphrase.  ] 

American  Legation, 
Berne,  March  12,  1917. 
American  prisoners  from  Yarrowdale,  to  the  number  of  59,  ar- 
rived  in  Zurich  yesterday.  Stovall. 


Minister  Stovall  to  the  Secretary  of  State. 

[  Telegram — Paraphrase.  ] 

American  Leqation, 
Berne,  March  16,  1917. 
Mr.  Stovall  informs  the  Department  of  the  receipt  of  a  report 
from  the  Consul  General  at  Zurich  that  no  complaint  was  made  by  the 
men  of  the  Yarrowdale  of  their  treatment  while  on  the  high  seas  or  in 
the  camp  near  Swinemunde  which  was  their  first  camp.  They  were 
first  transferred  to  Brandenburg  about  January  10,  where,  according 
to  their  statement,  their  treatment  by  the  officers  was  very  harsh.  It 
was  impossible  for  them  to  keep  warm.  They  were  kept  standing  in 
the  cold  and  snow.  Their  food  consisted,  after  one  cup  of  coffee  in  the 
morning,  mostly  of  boiled,  frosted  cabbage;  once  a  week  beans;  and 
once  a  week  mush.  The  only  sickness  they  mentioned  from  which 
they  suffered  was  one  case  of  lumbago.  They  knew  nothing  of  any 
cases  of  contagious  diseases. 


Minister  Stovall  to  the  Secretary  of  State. 

[Telegram — Paraphrase.  ] 

American  Legation, 
Berns,  March  18,  1917. 
Mr.  Stovall  reports  having  personally  conversed  with  the  crews 
on  board  the  Yarrowdale  as  to  the  treatment  received  by  them  and 
mbmits  the  following  supplementary  report: 

The  most  cruel  and  heartless  treatment  was  accorded  the  ship- 
wrecked American  sailors  from  the  moment  of  their  arrival  in  Gter- 


<-i  f;.; 


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It  I  '1. 1 

1^       Hi    i 


228        DIPLOMATIC  COERESPONDENCE  BETWEEN 

T  «„.«  ^rA  The  weather  was  very  cold  and  they  were  gyfen 
many.  January  3rd.  JJ«'«^j7;^'^ntire  insufficiency  of  the  usual 
no  suitable  clothes,     inere  was  an  "lurc  •    u  '   .    bcloneinB 

nrison  food.    The  statement  was  made  by  M.  J.  ^"""""^ /^l"'°^th. 
to  t^e  cr^of  the  steamship  Georgic  that  a  German  officer  had jath- 

Germany. 

Ambassador  Waiard  to  the  Secretary  of  State. 

[Telegram.] 

AuisicAN  Embassy, 
Madrid,  March  18,  1917. 
Harrington  last  American  citizen  of  Yarrowd^e  prisoners  left  for 
Denmark  by  Wamemunde,  13th  instant.  Willard. 


Part  XIX. 

STATUS    OF    ALLIED    CONSULAR    OFFICES    IN    BELLIG- 
eSTnT  TERRITORY  OCCUPIED  BY  ENEMY  TROOPS. 


%^ 


AmUssador  Oerard  to  the  Secretary  of  State. 

AuERicAN  Embassy, 
Berlin,  December  4,  1914. 
Sib-  I  have  the  honor  to  transmit  to  you  herewith  a  copy  in  trans- 
lation of  a  Note  Verbale,  received  from  the  Imperial  German  Forei^ 
Office,  stating  the  position  of  the  German  Government,  respecting  the 
recognition  of  Consular  Officers  in  territory  under  occupation  by  the 

^™"l  h'i.^'etc..  J--  ^-  «--• 


THE  UNITED  STATES  AND  GERMANY 
[  Inclosure— Tranglation.  ] 


229 


FoREiaN  OmcB, 
Berlin,  November  80, 1914. 

NOnC  VEHBALE. 

Now  that  the  German  Anny  has  occupied  various  portions  of 
enemy  countries,  the  German  Government  considers  the  Exequaturs 
of  the  Consuls,  formerly  permitted  to  act  in  such  districts,  to  have 
expired. 

The  Imperial  Government  would,  however,  be  disposed  to  con- 
sider favorably  any  wishes  of  allied  and  neutral  countries,  respecting 
the  establishment  of  consular  ofHces  in  the  districts  in  question,  except- 
ing, of  course,  those  districts  where  military  operations  are  still  in 
course. 

In  Belgium  consular  activities  in  the  provinces  of  East  and  West 
Flanders  would  accordingly  not  be  permitted  at  present.  With  regard 
to  the  other  parts  of  Belgium,  consular  oflScers  would  be  permitted 
to  act  for  the  present  in  Brussels,  Antwerp,  and  LiSge,  but  not  at 
other  points. 

The  Imperial  Government  would  not  consider  the  issuance  of 
formal  Exequatur  advisable;  to  consular  officers,  whose  names  are 
communicated  to  the  Foreign  Office,  would  simply  be  granted  tern- 
porary  recognition  to  enable  them  to  act  in  their  official  capacity, 
under  reserve  of  the  usual  investigations  respecting  their  records. 

In  view  of  the  peculiar  circumstances  contingent  on  military  occu- 
pation, the  Imperial  Government  would  be  grateful  if  only  such  per- 
sons should  be  nominated  as  are  assuredly  friendly  to  Germany  or 
have  at  least  neutral  convictions. 

In  bringing  the  above  to  the  attention  of  the  Embassy,  the  Foreign 
Office  has  the  honor  respectfully  to  request  that  the  American  Gov- 
ernment may  be  notified  in  the  above  sense.  As  the  Embassy  is  aware, 
the  German  Government  has  already  recognized  Consul-General 
iJiederieh  at  Antwerp,  assuming  this  to  be  the  wish  of  the  American 
Government. 


The  Belgian  Miiu\ster  to  the  Secretary  of  State. 

[Translation.] 

Belgian  Legation, 

,,     c,  r.  Washington,  December  28,  1914. 

Mr.  Secretary  of  State: 

I  have  just  received  the  following  cablegram  from  my  Govern- 
ment: 

The  German  Government  has  just  notified  the  neutral  powers  of 
its  intention  to  cancel  the  exequaturs  granted  bv  the  Belgian  Govern- 
ment to  foreign  consuls  and  to  create  but  those  consular  posts  at 


i 


»f 


«i 


n 
il 

I  ■■-: 

1 

] 


II 


230        DIPLOMATIC  CORRESPONDENCE  BETWEEN 
Bror-eli,  Liftge.  and  Antwerp,  temporary  recognition  only  being 

not  be  derived  from  that  title. 

I  have  been  officially  instructed  to  notify  Your  Excellency  of  the 
Belgian  Government's  protest.  tt»vp...,th 

Be  pleased  to  accept,  etc.,  E.  Havemth. 


Ambassador  Gerard  to  the  Secretary  of  State. 

American  Embassy, 
Berlin,  January  11,  1915. 
Snt:  With  reference  to  my  disrateh  No.  308  of  December  4,  1914 
I  hav"  the  honor  to  transmit  to  you  herewith  a  copy  and  translation 
„f  rNote  Verbale  received  from  the  Imperial  German  Foreign  Office, 
dated  J  nuay!  1915.  and  of  a  Note  V.-bale'  addressed  to  the 
Cerii  Forlign  Office  by  the  Royal  Spanish  Embassy  a    Berhn, 
rSatTve  to  the  protest  of  the  Belgian  Government  agamst  the  posi- 
Sn  taken  by  the  German  Government,  respecting  the  recognition  of 
rr^offirers  m  temtory  under  occupation  bj;he^O— J^^^' 
I  have,  etc.. 


ff: 


f  Inclosure— Translation.] 

Foreign  Office, 
Berlin,  January  3,  1915. 

NOTE  VERBAliE. 

1       «♦  ♦«  ;+a  Kntp  Verbale  of  November  30,  1914,  No.  Ic 
Sp7rtfl  S™.n  KnS.  pr«e«  0,  ,be  Belgian  Oovemmen. 


'Not  piinud;  Bubstance  stated  in  preceding  document. 


t¥t  I 


THE  UNITED  STATES  AND  GERMANY 


231 


poMibl«  public  ortler  in  tiie  occupied  diitricts,  but  not  to  permit  the 
official!  of  the  enemy  Utate  to  remain  in  office.  8uch  officials  cannot 
be  tolerated,  except  as  far  aa  military  conaiderationa  admit,  and  if 
the  offieialii  themselves  are  ready  to  comply  with  the  regulationi  of 
the  occupant  State.  If  these  principles  are  applied  by  analogy  to  the 
Conaula  of  neutral  Stiites,  it  results  that  they  also  cannot  perform  their 
public  dutits,  except  by  consent  of  the  o  :pant  Power  and  to  the 
extent  allowed  by  it,  inasmuch  as  the  exequatur  of  the  enemy  is  not 
binding  on  the  occupant  Power. 

The  Note  Vcrbale  of  the  Imperial  Foreign  Office  of  November  30, 
last,  does  not  affect  the  rights  of  the  Belgian  Govcmnient  in  any  way, 
but  deals  exihisively  with  the  interests  of  the  Imperial  Government, 
which  cont'civi's  it  to  be  its  right  and  its  unalterable  duty  to  regulate 
for  the  period  of  occupation  the  consular  protection  in  the  territory 
occupied  by  its  Army.  Moreover,  this  ro-regulation  is  primarily 
necessary  in  the  interests  of  neutral  nations  themselves.  More  than 
300  consular  representatives  cf  the  allied  and  neutral  States  were 
hitherto  officially  rt-fognized  in  Belgium.  By  far  the  majority  of  them 
were  honorary  consuls  of  Belgian  nationality,  and  of  them  a  large 
number  have  left  Belgium.  It  is  beyond  doubt  that  the  Imperial 
Government,  in  the  very  interest  of  neutral  nationals,  cannot  hesi- 
tate to  see  to  it  that  their  ronsular  protection  is  established  securely 
and  effectively,  to  which  end  it  has,  as  a  first  step,  requested  the 
allied  and  neutral  Governments,  under  date  of  November  30,  1914, 
to  express  their  wishes. 

The  Foreign  Office  begs  to  request  the  good  offices  of  the  Embassy 
of  the  United  States  of  America  to  the  end  that  the  above  may  be 
brought  to  the  attention  of  its  Government. 


P 


li 


il 


The  Secretary  of  Stale  to  Ambassador  Gerard, 

[Telegram.] 

Department  op  State, 
Washitujtoii,  January  21,  1915. 

Note  verbalc  inclosed  in  your  dispatch  308.  You  are  instructed 
to  present  the  following  to  the  German  Government : 

The  Government  of  the  United  States  has  received  and  given  con- 
sideration to  the  Note  Verbale  of  the  Imperial  Government  dated 
November  30,  1914,  in  which  it  is  stated  that  the  German  Army  now 
having  occupied  various  portions  of  enemy  countries,  the  German 
Government  considers  the  Exequaturs  of  the  Consuls,  formerly  per- 
mitted to  act  in  such  districts,  to  have  expired.  That  the  Imperial 
Government  would,  however,  be  disposed  to  consider  favorably  any 
wishes  of  allied  and  neutral  countries  respecting  the  establishment  of 
consiilar  offices  in  the  districts  in  question,  excepting,  of  course,  those 
districts  where  military  operations  are  still  in  course;  and  that  the 
Imperial  Government  would  not  consider  the  issuance  of  formal 
Exequaturs  advisable ;  to  consular  officers,  whose  names  are  communi- 


!l 


232         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

cated  to  the  Foreign  Office,  would  aimply  be  granted  temporary  reeog- 
nition  to  enable  them  to  ac^  in  their  official  capacity,  under  reserve  of 
the  uaual  investigationa  renpecting  their  recorda. 

The  Oovemment  of  the  United  StatcH,  in  view  of  the  taet  that 
conxular  officers  are  commercial  and  not  political  repreaentHtives  of  a 
government  and  that  pcrmiiaion  for  them  to  act  within  defined  dis- 
tricts is  dependent  upon  the  authority  which  i»  in  actual  control  of 
such  districts  irrespective  of  the  question  of  legal  right,  and  further, 
in  view  of  the  fact  that  the  consular  districts,  to  which  reference  is 
made  in  the  Note  Verbale  of  the  Imperial  Government,  are  within 
the  territory  now  under  German  military  occupation,  is  not  inclined 
at  this  time  to  qjiestion  the  right  of  the  Imperial  Government  to 
suspend  the  exequaturs  of  the  consular  officers  of  the  United  States 
within  the  districts  which  are  occupied  by  the  nilitary  forcea  of  th« 
German  Fhnpire  and  subject  to  its  military  jurisdiction. 

The  Government  of  the  United  States  notes  that  all  the  consular 
districts  in  Belgian  territory  occupied  by  the  German  military 
forces,  excepting  Brussels,  Antwerp,  and  LiJge,  are  considered  by  the 
Imperial  Oovemment  to  be  within  the  zone  of  military  operationa 
and  that  within  such  districts,  except  those  named,  the  Imperial  Gov- 
ernment will  not  permit  consular  officers  to  exercise  their  functiona. 

The  Oovemment  of  the  United  States  in  the  circumstances  assumea 
that  the  Imperial  Government  will  raise  no  objection  to  the  consular 
officers  of  the  United  States  now  stationed  at  Brussels,  Antwerp, 
Li^ge.  and  other  places  similarly  situated  acting  in  their  official 
capacity,  and  that,  if  the  de  facto  authorities  at  those  cities  object 
on  personal  grounds  to  any  of  such  officers  continuing,  the  Govern- 
ment of  the  United  States  will  be  forth  ?ith  notified  of  such  objection. 

Brtan. 


The  Secretary  of  State  to  the  Belgian  Minister. 

Department  op  State, 
Washington,  January  25,  1915. 
SiB :  I  have  received  your  note,  No.  3465,  of  December  28,  1914,  in 
which  you  refer  ♦•^  the  notification  of  the  neutral  powers  by  the  Ger- 
man Government  of  its  intention  to  cancel  the  exequaturs  granted  by 
your  Government  to  foreign  consuls  and  to  create  but  three  consular 
posts,  namely,  Brassels.  Liege,  and  Antwerp,  only  granting  temporary 
recognition  to  the  consular  officers  stationed  at  those  places. 

You  state  that  your  Government  has  entered  a  protest  at  Berlin 

under  Article  42  of  the  Fourth  Convention  of  The  Hague,  to  the 

eflfect  that  military  occupation  only  confers  upon  the  occupant  de  facto 

possession,  v.iiich  does  not  carry  with  it  the  right  to  cancel  exequaturs. 

Accept,  etc.,  W.  J.  Bryan. 


THE  UNITED  STATES  AND  OERMANY  233 

The  Belgian  Minuter  to  the  Secretary  of  Stale. 

[Tranilation— Extracts.] 

Beloian  Leoation, 
Wttthington,  February  13,  1915. 
Mr.  Secretary  or  State: 

I  am  initructed  by  the  King's  Oovernroent  and  have  the  honor 
to  forward  horewit  to  your  Excellency  a  copy  of  the  Uerman  Gov- 
emment'fl  reply  to  the  Belgian  Government 'a  protest,  together  with 
a  copy  of  nnotiier  note  from  the  Belgian  Government  which  the 
Spanish  Government  kindly  undertcok  to  deliver  at  Berlin. 

I  embrace  this  opportunity,  etc.,  E.  Havenith. 


ti 


,  ii 


[Incloaurc  1— Translation.] 

The  Imperial  German  Foreign  Office  to  the  Royal  Embasty  of  Spain. 

SpANien  Embassy, 
Berlin,  January  3,  1D15. 

The  Department  of  Foreign  Affairs  has  the  honor  to  answer  the 
note  verbale  of  the  Royal  Embassy  of  Spain  of  December  31  last 
as  follows : 

The  Imperial  Government  is  of  opinion  that  the  Belgian  Govern- 
ment'■  protest  in  the  matter  of  the  fxequaturs  of  consuls  in  Belgium 
is  groundless. 

Article  42  of  the  IVth  Convention  of  The  Hague,  in  particular  does 
not  support  the  views  of  the  Belgian  Government.  Under  that  article 
the  occupant  Power  is  bound  to  maintain,  as  far  as  possible,  public 
order  in  the  occupied  area ;  the  article  in  no  wise  binds  it  to  continue 
all  officials  in  office.  This,  on  the  contrary,  could  only  be  done  within 
the  measure  allowed  by  the  military  considerations  of  occupation  and 
not  on  the  mere  condition  that  those  officials  will  be  ready  to  yield 
to  the  authority  of  the  occupant  Government.  Those  principles  apply 
to  neutral  consuls,  and  those  officers  can  only  discharge  their  public 
dutie-  if  and  as  far  as  the  occupant  Power  agrees,  as  the  enemy's 
exequatur  is  not  binding  on  that  Power. 

The  circular  note  of  the  Imperial  Government  concerning  consuls 
does  not  in  any  wav  touch  upon  the  rights  of  the  Belgian  Govern- 
ment; it  merely  deals  with  the  rights  of  Imperial  Government  which 
claims  it  as  its  inborn  right  and  undisputable  duty  to  regulate  the 
consular  protection  of  neutral  subjects  for  the  term  of  occupation. 
This  new  rule  furthermore  and  foremost  is  required  for  the  good  of 
the  neutral  subjects  themselves.  Inasmuch  as  300  representatives  at 
least  of  the  allied  or  neutral  states  were  recognized  in  Belgium,  most 
of  them  of  Belgian  nationality,  many  of  them  having  left  the  coun- 
try. ;t  IS  plain  that  in  the  interest  of  the  neutral  subjects  themselves 
It  would  not  be  well  Tor  the  Imperial  Government  to  delay  giving 
its  attention  to  assured  and  effective  regulations  for  their  protection. 


fl 


!;t. 


234         DIPLOMATIC  CORRESPONDENCE  BETWEEN 
[Inclosure  2— Translation.] 
The  Belgian  Foreign  Office  to  the  Royal  Embassy  of  Spain. 

NOTE  VERBALE. 

Germany  claimed,  in  her  communication  of  December  5,  that  the 
occupant  of  an  invaded  country  had  the  right  to  regard  as  "«"iu"ed 
all  exequaturs  previously  issued  to  Consuls  in  office  by  the  lawful 
power  of  that  country. 

The  claim  is  untenable. 

By  reason  of  the  character  of  the  occupant's  power  which  flows 
from  mere  possession  and  is  in  no  wise  final,  Article  43  of  the 
IVtb  Convention  of  The  Hague  sanctions,  in  principle,  the  contin- 
uance of  civil  and  administrative  laws  and,  consequently,  of  existing 

conditions  for  Germany  to  invoke,  in  her  note  of  January  3  mili- 
tarv  and  administrative  considerations.  These  both  may  justify  the 
whhdrawal  of  the  exequatur  of  a  consul  who  should  indulge  m  hos- 
Ti  e  acts  or  behave  m\  manner  inconsistent  with  the  duties  of  his 
office  But  they  cannot  v  arrant  either  a  general  right  of  cancella- 
tion as  claimed  by  Germany  nor  her  assuming  to  "fe*  the  whole 
Consular  organization  to  reduce  the  number  of  consuls  to  three  for 
t-ach  nation  and  to  bar  from  consulates,  on  the  sole  ground  that  they 
are  Belgians,  men  who  have  committed  no  act  antagonistic  to  mili- 
tary interests  and  honestly  acknowledged  the  occupant  s  rights  as 
defined  bv  The  Hague  Convention. 

The  German  proposition,  if  accepted,  would  carry  the  consequence 
of  throwing  into  a  state  of  disastrous  uncertainty  the  Consulates 
established  in  parts  that  are  occupied  one  day  and  retaken  the  next. 


141 


Ambassador  Gerard  to  the  Secretary  of  State. 

American  Embassy, 
Berlin,  March  12,  1915. 
Sir:  With  reference  to  the  Department's  telegram  No.  1044,  dated 
January  21,  4  p.  m..  the  substance  of  which  was  duly  communicated 
to  the  Imperial  Foreign  Office.  I  have  the  honor  to  transmit  to  you 
herewith  a  copy  in  translation  of  the  reply  of  the  Foreign  Office, 
dated  March  9.  191'i,  on  the  subject  of  the  consular  representation 
of  the  United  States  in  Belgium. 

I  have,  etc.,  J^mes  W.  Gerard. 


:1 


THE  UNITED  STATES  AND  GERMANY 


235 


[Inclosure — Translation.] 

Foreign  OrncE, 
Berlin,  March  9,  1915. 

NOTE  VERBALE. 

The  Foreipi  Office  has  the  honor  to  convey  its  best  thanks  to  the 
Embassy  of  the  United  States  of  America  for  the  statement  com- 
municated with  the  esteemed  Note  Verbale  of  January  25,  1915, 
F.  0.  No.  2002. 

The  Foreign  Office  gladly  takes  the  opportunity  expressly  to  con- 
firm that  no  objections  are  raised  to  the  American  consular  repre- 
sentatives now  stationed  at  Antwerp  and  Liege.  These  two  officials 
have  succeeded  under  the  trying  conditions  of  the  present  time  in 
establishing  the  most  agreeable  official  relations  with  the  authorities 
of  occupation. 

Mr.  Watts,  the  Consul  General  at  Brussels,  is  oi.  'eave  of  absence, 
and  it  would  appear  that  he  is  not  to  return  to  his  post.  Should  the 
Government  of  the  United  States  propose  to  fill  this  post  again,  this 
intention  would  agree  with  the  wishes  of  the  Imperial  Government 
and  the  military  authorities  in  Belgium. 

Although  Ghent  is  still  within  the  zone  of  military  operations,  and 
official  consular  activity  there  would  therefore  appear  not  to  be 
desirable  as  yet,  the  Foreign  Office  would  like  to  state  at  this  time 
that  no  objections  on  personal  grounds  will  be  raised  against  Mr. 
Jansen,  the  Consul  of  the  United  States  at  that  place. 


Amhassador  Gerard  to  the  Secretary  of  State. 
[Telegram — Paraphrase.] 

Amemcan  Embassy, 
Berlin,  June  14.  1916. 
Mr.  Gerard  reports  that  the  German  Foreign  Office  states  that  the 
Government  has  in  contemplation  extending  the  same  recognition  to 
Consul  at  Warsaw  as  has  been  accorded  to  consuls  at  Antwerp,  Liege, 
and  Brussels.  Mr.  Gerard  states  that  Foreign  Office  uesires  to  be 
informed  whether  recognition  in  this  form  will  be  regarded  as  accept- 
able by  the  United  States  Government. 


il, 


i 


ii 

rp 


The  Acting  Secretary  of  State  to  Amhassador  Gerard. 

[Telegram — Paraphrase.] 

Department  of  State, 
Washington,  July  12,  1916. 
Mr.  Gerard  is  directed  to  inform  the  German  Foreign  Office  that 
the  German  Government 's  proposal  to  grant  permission  to  the  Ameri- 


»  i 


.'I 


•  I 


"t. 


236        DIPLOMATIC  COBRESPONDENCE  BETWEEN 

can  Consul  at  Warsaw,  in  accordance  with  the  treatment  of  consuls 
in  Belgium,  to  exercise  his  consular  functions  in  the  portion  of  his 
consular  district  under  the  military  occupation  of  Germany,  is  accept- 
able to  the  United  States  Government. 


Part  XX. 
BELGIAN  BELIEF. 


The  Secretary  of  State  to  Ambassador  Gerard. 

[Telegram.] 

Department  of  State, 
Washington,  October  7,  1914. 
Department  has  received  following  from  London,  which  you  may 
communicate  to  Imperial  Foreign  Oflace: 

Belgian  committee  has  been  formed  at  Brussels  under  the  patron- 
age of  the  American  and  Spanish  ministers  for  the  purpose  of  import- 
ing foodstuffs  for  the  poor  of  Belgium.  The  German  authorities  in 
occupation  have  consented  and  the  Belgian  Minister  here  informs  me 
that  under  instructions  from  his  Government  he  has  obtained  per- 
mission of  the  British  authorities  for  the  export  of  supplies  on  condi- 
tion that  they  be  dispatched  by  this  Embassy  and  consigned  to  our 
Legation  at  Brussels.  I  believe  it  would  be  well  to  obtain  a  definite 
assurance  from  the  German  Government  of  their  approval  of  this 
humanitarian  project  the  execution  of  which  is  in  charge  of  an 
American  citizen,  Mr.  Shaler,  who  is  now  in  London  purchasing 
supplies. 

Please  take  up  informally  with  Foreign  Office  and  cable  reply. 

Bryan. 


!(;'• 


Minister  Whitlock  to  the  Secretary  of  State. 

[Telegram.] 

American  Legation, 
Brussels,  October  16,  1914. 
As  I  have  already  reported  to  the  Department,  a  committee  of 
notable  citizens  of  Brussels  was  appointed  several  weeks  ago  under 
patronage  of  the  Spanish  Minister  and  myself  to  give  food  to  the 


.1 .. 


THE  UNITED  STATES  AND  GERMANY 


237 


poor  of  this  city.  This  work,  which  had  the  approval  of  the  Belgian 
Qovernment  and  of  the  Qerman  military  authorities,  has  been  carried 
on  with  excellent  results.  But  now  a  grave  situation  confronts  the 
land.  In  normal  times  Belgium  produces  only  one-sixth  of  the  food- 
stuffs she  consumes.  Within  two  weeks  there  will  be  no  more  food 
in  Belgium.  Winter  is  coming  on  and  there  are  thousands  who  are 
without  home  and  without  hope,  therefore  it  is  necessary  to  extend 
this  relief  work  to  the  whole  of  Belgium.  My  Spanish  colleague  and 
I  have  been  requested  by  the  local  Belgian  authorities  and  by  the 
German  military  authorities  to  permit  the  organization,  under  our 
patronage,  of  a  committee  that  will  undertake  to  revix^tual  all  of 
Belgium  and  we  have  secured  from  the  German  military  authorities 
formal  ofScial  assurance  that  all  foodstuffs  shipped  into  Belgium  in 
the  care  of  the  committee  and  intended  for  the  feeding  of  the 
impoverished  civil  population  will  be  respected  by  the  soldiery  and 
not  made  the  object  of  military  requisition.  It  is  now  necessary  to 
obtain  permission  from  the  English  Government  that  foodstuffs  may 
be  shipped  into  Belgium.  In  view  of  this  fact  Gibson  goes  to  London 
tomorrow  with  messages  from  the  Spanish  Minister  and  me  to  the 
respective  ambassadors  of  our  countries  to  lay  the  subject  before 
them.  Baron  Lambert  and  Mr.  Franqui,  representing  the  Belgian 
Belief  Committee,  will  accompany  him  to  acquaint  the  Belgian  Min- 
ister in  London  with  the  situation  and  ask  him  to  present  the  matter 
to  the  British  Government.  Our  hope  is  that  the  Belgian  Minister 
can  arrange,  and  if  there  be  no  impropriety  in  their  so  doing,  that  the 
American  and  Spanish  ambassadors  may  assist  him  in  arranging  for 
the  passage  of  the  provisions  which  the  committee  is  ready  to  buy. 
I  trust  the  Department  will  approve  this  course  and  further  it  by 
instructions  to  London.  It  is  not  money  but  food  that  is  needed. 
If  some  appropriate  means  can  be  found  to  call  the  attention  of  our 
generous  people  at  home  to  the  plight  of  the  poor  in  Belgium,  I  am 
sure  that  they  will  send  succor  and  relief  for  the  winter  that  is 
drawing  near.  It  seems  to  me  to  be  a  work  of  mercy  that  will  touch 
the  hearts  of  those  who  are  brought  to  understand  it  and  give  our 
people  in  America  an  opportunity  to  serve  nobly  in  a  high  cause. 

Whitlock. 


I 


The  Acting  Secretary  of  State  to  Ambassador  W.  H.  Page. 

[Telegram.] 

Department  op  State, 
Washington,  October  19,  1914. 
Telegram  from  Embassy,  Berlin,  17th  instant,  states  that  German 
Government  approves  of  plan  to  supply  the  population  of  Belgium 
with  food.    You  are  authorized  therefore  to  proceed  on  lines  of  your 
786,  October  6.'  Lansing. 

'  Not  printed ;  Bubstance  stated  in  inetruction  to  Ambassador  Gerard,  October  7, 
1D14,  »upra,  p.  236. 


s  I- 


238        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

The  Acting  Secretary  of  State  to  Minister  WhUlock. 
[Telegram.] 

Departhent  of  State, 
Washington,  October  19,  1914. 
Vnnr  "548  18  '    The  plan  of  the  Belgian  committee  in  Brussels  to 
imnlrt  foSsiuffs  for  poor  of  Brussels  has  been  approved  by  the  Ger- 
SGov^nment  and'the  Embassy  in  London  has  been  so^admed. 


r.j 


_  i 


'A  i     '>- 


i  '■'. 


The  Acting  Secretary  of  State  to  Minister  Whitlock. 

[Telegram.] 

Department  op  State, 
Washington,  October  20,  1914. 
Your  telegram  October  16, 10  a.  m.  transmitted  via  London  regard- 
in.,  re^i^f  of  Belgium.    Department  approves  your  action  and  has 
S?en  instructSns^to  the  Ambassador  at  London  to  render  you  and 
your  Spanish  colleague  every  assistance.  Lansinq. 


Ambassador  W.  H.  Page  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 

London,  October  26,  1914. 

Your  389  October  24.    The  commission  of  Belgian  relief  working 

undlraiplomatk  guidance  of  Spanish  Ambassador  here  and  myself 

hL  It   ten  assuraice  of  the  German  military  commander  of  Belgian 

ferri^orv  held  bv  the  Germans  that  food  sent  them  by  this  commission 

liUnotb^  confiscated.    So  far  as  I  know  this  assurance  has  not  been 

^ivln  to  anvone  else  who  may  send  food.    No  food  can  be  exported 

fomFnSd  or  Holland,  but  the  Netherlands  Government  has  given 

rcomSin  peSssl  to  distribute  food  landed  at  Rotterdam 

throuTour  agents  to  people  in  Belgian  territory.    Since  fo«d  cannot 

be  bought  on  this  side  the  world.  American  committees  should  "ot 

STud  mU  but  should  eo.  '  -  with  Hoov.^^^^^^^^^^^^         oMhis  com- 

"''frL'fr.h  n  i  C^m.  onTas  alents  in  every  neighborhood 
fn  BSum  It^as  in  f^T" taken  char |.  of  practically  all  grocery 
SoreslTney  seS  will  be  of  no  use.  Food  sent  except  through  com- 
mission may  never  reach  Belgium  or  be  confiscated.  ^^^^ 

'  Not  printed. 


THE  UNITED  STATES  AND  GERMANY  239 

The  Acting  Secretary  of  State  to  Ambassador  Herrick. 
[Telegram.] 

Department  of  State, 
.  ^  Washington,  October  31,  1914. 

At  request  of  American  Minister  at  The  Hague  you  are  instructed 
to  ask  whether  France  will  give  assurance  of  recognition  of  neutrality 
of  goods  shipped  for  American  commission  for  relief  in  Belgium. 

Lansing. 


The  Acting  Secretary  of  State  to  Ambassador  Gerard. 

[Telegram.] 

Department  op  State, 
Washington,  November  7,  1914. 
Belgian  commission  requests  that  you  secure  from  German  Govern- 
ment unmolested  passage  for  neutral  food  ships  from  United  States  to 
Holland  for  Belgium.    This  has  been  done  by  British  Government. 
Also  inform  Department  whether  German  Government  has  placed 
embargo  on  importation  into  Belgium,  in  ne".tral  ships,  of  thoroughly 
disinfected  and  cleaned  secondhand  clothing. 

Lansino. 

Ambassador  Herrick  to  the  Secretary  of  State. 
[Telegram.] 

American  Embassy, 
V         o=o    ,/^  L      T,  Paris,  November  11,  1914. 

Your  253,  10th.  Foreign  OflSce  states  that  instructions  have 
already  been  sent  French  Minister  at  The  Hague  to  offer  no  objec- 
tion to  transit  of  foodstuffs  through  the  Netherlands  from  United 
States  destined  to  Belgium.  At  Embassy's  request  Foreign  Office 
stated  it  would  repeat  instructions  to  Minister  at  The  Hague. 

Herrick. 


t 

I* 

I-' 

i: 


The  Acting  Secretary  of  State  to  Ambassador  Gerard. 
[Telegram.] 

Department  op  State, 
Washington,  November  20,  1914. 
At  the  request  of  the  commission  for  Belgian  relief,  you  may  obtain 
if  possible,  from  the  German  Government  safe  passage  of  British  as 
well  as  neutral  ships  bound  for  Rotterdam  with  food  for  starving 
Belgians,  Such  ships  will  fly  the  commission's  flag.  Please  ask  Ger- 
man Government  also  whether  permission  of  military  authorities  in 
Belgium  may  be  obtained  for  Americans  with  automobiles  to  go  from 


1 
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ffRi 


240         DIPLOMATIC  C0RBE8P0NDENCE  BETWEEN 

..io«»  tn  nUoe  enmaed  in  food  distribut'on.  Such  Americans  will 
SrS  commSioSWg  and  have  letters  each  with  bearer's  photo- 
paph  fZ  the  commi  Jion,  countersigned  by  the  Spanish  and  Amen- 
can  ambassadors  at  London.  Lansing. 


Amhassady)r  Oerard  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 
Berlin,  November  23,  1914. 

S?LfGJ:e;nius'Se,y  in  sympathy  with  laudable  work 
of  AScan  commission  for  Belgian  -Uef-  Germn  n^^^^^^^^^  fo-es 
nimnot  lawfully  seize  food  on  neutral  ships  bound  for  neutral  porx^ 
SJnywUl  not  interfere  with  any  neutral  ships  bound  for  HoUand 
witrfS  from  the  United  States  even  if  food  is  destined  for  Belpum. 
sibiect  to  ?"oke  German  Government  agrees  to  £«"«»*  «°?f°^r»; 
S  Also  to  carry  food  for  Belgians  to  Dutch  ports  and  will  give 
«^!  .^,«™ntM  that  f^  is  put  to  intended  uses  as  for  neutral  ships 
G«mrS,?e?nment^ommend8  that  as  precaution  such  unneutral 
S  carw  cer"mcate  from  competent  American  authority  est.fymg 
fhirBhtnTarrierfood  for  the  Belgians  to  be  brought  to  Belgium  via 
Dutcf  ports  by  American  Commi^^^  for  Belgian  relief  with  the 
;„«,pnt  of  the  Geraian  Government,  and  that  unneutral  ships  also 
Se  pa»  wSich  Geran  AmbaM^^^^  Washington,  r^V'^^C 
certifioat?  above  described.  Inquiry  made  about  di«tnbution^^food 
by  Americans  in  automobiles. 

The  Secretary  of  State  to  the  German  Ambassador. 

Department  op  State, 
Washington,  December  1,  1914. 

"^"'SrSrtment  is  in  receipt  of  a  telegram  from  the  American 
Ambassador  at  Berlin,  transmitting  the  informtion  that  the  Geman 
Government  is  entirely  in  sympathy  with  the  ;««^«^1«„^°''^;^^*^ 
American  commission  ^  r  the  Belgian  relief.  It  is  well  "^drnto^ 
that  German  naval  forces  c.nnot  lawfully  seize  ood  on  neutral  ships 
bound  for  neutral  ports  and  that  Germany  will  not  '"*  ^^^^^^^^^^^^^^ 
any  neutral  ship  bound  for  Holland  with  food  from  the  United  States 
even  if  the  food  is  destined  for  Belgium.  Subject  to  revocation,  the 
German  Government  also  agrees  to  permit  unneutral  ships  to  carjy 
food  for  Belgium  via  Dutch  ports  and  will  give  guarantee  that  the 
food  is  utilized  to  the  purpose  intended.    The  German  Government 


h- 


THE  UNITED  STATES  AND  GERMANY  241 

wcommendB,  however,  that  as  a  precaution  such  unneutral  shipa  shall 
be  furnished  with  a  certifltate  from  competent  American  authorities 
testifying  that  such  food  carried  by  unneutral  ships  via  Dutch  ports 
IS  intended  for  the  relief  of  Belgians  and.  further,  that  the  unneutral 
Bhips  shall  also  be  provided  with  a  pass  issued  by  your  Embassy 
authenticating  the  certificates  issued  by  the  American  Government. 
The  Department  believes  that  the  above  should  be  a  satisfactory 
arrangement  and  hopes  that  it  will  meet  with  Your  Excellency's 
approval.  ' 

An  early  reply  to  this  note  would  be  greatly  appreciated 
^"'^•'P^'  «t<^-.  W.  J.  Bryan. 


The  German  Ambassador  to  the  Secretary  of  State. 
[Translation.] 

„,     ,  .  GeBMAN   EuBAgST, 

Mr.  Secretary  of  State:     ''^"*'"«»"^"'  ^-  ^•'  ^«"'»**'-  *.  W^. 
In  acknowledging  the  receipt  of  Your  Excellency's  kind  note  of 
St  mstant,  I  have  the  honor  to  reply  to  Your  ExceUency  that  I 
cur  m  the  oroDosa  s  thprp  n  maAa  j  >■  ai  i. 


the 

concur  m  the  proposals  therein  made. 
Accept,  etc., 


J.  Bernstorff. 


The  German  Ambassador  to  the  Secretary  of  State. 
[Translation.] 

Imperial  German  Embassy, 

w„    o  r,  Washington,  Decemher  5,  1914. 

Mr.  Secretary  of  State: 

infn^™''^v"*°l'°^,fy  °*'*^  °^  *^^  ^^^  '"stant  I  have  the  honor  to 
TIJZJaT  ?^'^«"«°<^y  t^at  I  have  instructed  the  German  Consul 
concerned  to  issue,  upon  American  witnesses  being  brought  before 
them,  safe  conduct  to  unneutral  ships  carrying  victuals  for  Belgium 
^•^"^P^-  ^t'^-  J.  Beenstobpf. 

Consul  General  Skinner  to  the  Secretary  of  State. 

[Telegram.] 

American  Consulate  General, 
A„    •  i-ondon,  December  8,  1914. 

+n„c  ??  commission  relief  in  Belgium  provide  minimum  80,000 

tons  cereal  foodstufFs  monthly  and  could  handle  situation  except  for 
shipping  difficulties.  Thirty  to  for.y  ships  needed  constantly  ^Neu- 
tral bottoms  being  unavailable,  have  chartered  some  British  ships 


?! 


i 


11 


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242        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

and  have  German  agreement  not  to  interfere.  Reluctance  of  Brituh 
o«^ew  to  send  ships  to  Rotterdam  Pa^^""?,  P™*;"*"  "J,,^""?; 
exwution  of  which  hourly  more  imperative.  Commission  des  re  to 
know  it-  American  Government  would  furnish  naval  ships  with  or 
wXout  charter  on  payment  of  reasonable  price.  Commission  hope 
chaSer  orenterprL^ill  warrant  Government  giving  >tg^«'^«=« 
sorely  needed. 

Tlie  Secretary  of  State  to  Consul  General  Skinner. 
[Telegram.] 

Department  or  State, 
Washington,  December  10,  1914. 
Your  December  8.  Department  informed  by  Navy  Department 
there  are  no  suitable  ships  which  can  be  utilized  for  purpose  men- 
tioned  Department  suggests  that  commission  through  its  American 
representatTves  might  charter  neutral  vessels.  Please  commumcate 
this  to  American  Ambassador,  London.  ortam. 


Ambassador  Gerard  to  the  Secretary  of  State.' 

fTelegrara.]  ^ 

American  Embassy, 
Berlin,  December  11,  1914. 
Department's  677,  November  20.    Foreign  Office  informs  me  that 
desired  passes  for  Americans  with  automobiles  for  food  distribution 
Sium^have  been  issued  by  arrangement  between  competent  pass- 
port  authorities  in  Belgium  and  American  Relief  ^-^""'^^g^^^ 


Memorandum  to  the  German  Embassy. 

Department  op  State, 
Washington.  December  18.  1914. 
The  Department  of  State  presents  its  compliments  to  the  Imperial 
German  Embassy  and  has  the  honor  to  state  that  a  letter  has  been 
received  from  llr.  Lindon  W.  Bates,  vice  chairman  of  the  American 
Commission  for  Relief  in  Belgium,  requesting  that  an  expression  of 
the  commission's  very  groat  appreciation  of  the  prompt  and  thorough 
arrangements  which  have  been  effected  with  reference  to  obtaining 
safe  conduct  for  unneutral  ships  sailing  for  Belgium  and  Holland 
loaded  with  food  supplies  for  the  relief  of  Belgium  be  conveyed  to 
His  Excellency  Count  von  Bemstorff. 

■  Repeated  to  the  Embasi^y  at  London  and  the  Legation  at  The  Hague. 


1 


THE  UNITED  STATES  AND  GERMANY 
Ambastador  Gerard  to  the  Secretary  of  State. 


243 


American  Embassy, 
o„    o       ,  Berlin.  December  28,  1914. 

BIB:  Supplementing  my  telegram  of  even  date,  I  have  the  honor 
to  transmit  to  you  herewith  a  copy  and  translation  of  a  Note  Verbale 
received  from  the  Imperial  German  Foreign  Office,  dated  December 
24,  1914,  relative  to  the  wording  of  the  certificates  with  which  the 
German  Government  desires  unneutral  ships  carrying  food  for  Bel- 
giaas  to  be  provided. 

^  *»*^«'  «tc.,  j^vMEs  W.  Gehabo. 


[Inclosure— Translation.] 
The  Minister  for  Foreign  Affairs  to  Ambassador  Gerard. 

Foreign  Office, 
Berlin,  December  24,  1914. 

NOTE  VERBALE. 

II  IV  K  ^bI'Tt?  r»i  '}■    Note  Verbale  of  November  23,  1914,  No. 
:*  n  1  •  •       V-^"2.'  «'»*»ve  to  the  supply  of  food  for  the  nonnlation 

(a)  The  express  declaration: 

^^^  I!!f*/»?  '^'?  contains  solely  food  (and  clothing)  for  the 
population  ot  Beigmm.  to  be  unloaded  in  a  Dutch  port 

of  honor  to  abstain  from  any  and  all  actions  on  the  out- 
rpponeSs        ™   ''°^"^'    '°'°'"°=    «^^i«tan<=e   to   our 

^*''  in  JL'ce'rtifleatir'  *'"'  *''  '""''"'"^  «'^°"^'*  ''^  P^'^^^ed  out 

(3)  That  certificate  and  pass  are  valid  onlv  for  the  sinirle 

Pnllnf    '■°>'«&'='.«°'l  are  to  be  delivered  to  the  German 

tS  r"P°''  ""^«'  ^^  the  Dutch  port  of  destination  or 

Coi^nl      r  •/^'°''^''"  ''K'^^'  """"'^  'f  there  is  no  such 
tonsul      Similar  papers  for  the  return  vova^e  will  be 

^4^  Th«ft^  ''''  "°r""^  ^^™«»  L«8«tion  at'Th'J  Ha^e 

(4)  That  the  papers  do  not  oar  a  search  of  the  vessel,  and  the 

qSy"a"n1  ts^''  ^°  ''''  -"'^  ^  '^  -^-ted 


i 


|; 


SM 


DIPLOMATIC  C0EBB8P0NDENCE  BETWEEN 


%i4 


\i  ->  ' 
" '      i 

:  i   •; 

il'i  5 


(5)  That  the  d«te  of  deptHnre  from  the  United  Statei  i»  to 
^^  be  communicated  to  the  Imperial  German  Ambaaaador 

at  Waahington;  the  date  of  the  departure  from  the 
Netherlanda  on  the  return  voyage  w  to  be  communicated 
to  the  Imperial  German  Miniater  at  The  Hague; 

(6)  That  an  oflenae  against  theae  provmona  or  •«»">■»  ™ 
obligationa  aaaumed  works  forfeiture  of  all  right  to  pref- 
erential treatment. 

Thf  PMeim  CMBce  bega  to  request  the  Embaasy  of  the  Unitrf 
St  JJs  of  ASScaTo  be  «S)d  cnoSgh  to  take  the  necessary  steps  m 
JSlr^at  t^rSrtMcatefly  be  worded  in  accordance  with  what 
baa  been  stated  above. 


Ambauador  W.  H.  Page  to  Ike  Secretary  of  State. 

[Telegram.] 

American  Embasst, 
London,  December  28,  1914. 
The  Foreign  Office  informs  me  that  the  British  naval  «"t»»<)riti«i 
wiUundeSVin  the  future  to  facilitate  the  voyage  on  y  of  such 
!fc«,n?v  «hiD8  to  Rotterdam  as  contain  whole  cargoes  of  food  for 
£lSln  7eHef-  it  ^important  therefore  that  such  ships  should  not 
S2£?n  other  ca^'and  to  secure  this  protection  all  ships  for  Bdgian 
Smurt  be  r^rted  by  Lindon  Bates,  the  commission's  reprewn- 
Sttve S  New  YoA,  to  thJBritish  Ambassador  in  Washmgton.    After 
SSKng  Jith  Sir  Cecil  Spring-Rice  it  might  be  advantageous  to 
SweX  amngement  wide  publicity,  t«causejertam  s«.rti«^^ 
SmmUtees  continue  to  ship  contributions  of  food  m  ships  that  carry 
other  cargo.  p^^Qj. 


Minister  van  Dyke  to  the  Secretary  of  State. 

American  Legation, 
[Extract.] 

The  Hague,  December  29,  1914. 
Sir-  1  would  respectfully  call  your  attention  to  a  "Pp^  which 

I^„/ ;„♦>,?  American  newspapers  a  month  or  six  weeks  ago,  to 

tKfect1ha??heQeman°ivil  commander  of  the  Belgian  province 
of  LJnbirg  had  exacS  a  severe  import  tax  on  foodstuffs  sent  into 
?hat  ^rSoe  from  Rotterdam  by  the  American  Commission  for 
SSef'n  Belgium.  Immediately  upon  my  «^T»^''?'«^,Sa  ?! 
Se  manager  of  the  branch  of  that  commission  which  is  stationed  in 
R^teS  and  learned  from  him  that  the  facts  a^sUteJ  were  cor- 
r^t,  and  that  the  aforesaid  import  tax  was  stiU  demanded.    I  there- 


THE  UNITED  STATES  AND  OERHANT  iM6 

fore  tent  the  inclosed  letter'  to  our  manager,  inatructing  him  to 
ducontinae  ahipments  into  the  Belgian  province  of  Limburg  ontil 
the  Ux  waa  removed,  and  a  promise  made  by  the  Geraan  civil  con. 
mander  to  refund  the  money  Jiitherto  exacted.  Copies  of  the  letter 
haw  been  sent  to  our  Minister  at  Brussels  and  to  our  Ambassador 
at  Berlin.  "—mu^vr 

1  have,  etc.,  Henbt  van  Dt». 


Miniiiw  Whitlock  to  the  Secretary  of  State. 

[Telegram.) 

American  Legation, 

T  u  .     ■.  .  ^  Brussels,  January  2,  1915. 

1  nave  received  today  assurance  from  Baron  von  Biasing,  Oerman 
Governor  General  in  Belgium,  that  orders  have  been  given  forbiddin* 
all  further  requisition  of  foodstuffs  of  whatever  sort  in  Belgian  tern, 
tory  occupied  by  German  troops,  and  that  the  protection  thus  afforded 
covers  cattle  and  their  food  as  well.  He  will  give  any  reiterated  asaur- 
ances  that  we  may  desire  on  any  occasion  that  foodstuffs  will  not  be 
requisitioned,  and  that  we  may  establish  and  maintain  any  kind  of 
control  that  we  may  sec  fit  to  adopt  in  connection  with  our  relief 
work  for  the  civil  population.  Similar  assurances  were  given  to  my 
opanish  colleague.  ^ 

WHITLCrK. 


Ambassador  Gerard  to  the  Secretary  of  State. 

American  Embasst, 
Berlin,  January  2,  1915. 
Sir:  With  reference  to  my  dispatch  No.  376,  dated  December  28, 
1914,  on  the  subject  of  the  arrangements  for  supplying  the  popula' 
tion  of  Belgium  with  food,  I  have  the  honor  to  transmit  to  you  here- 
with a  copy  of  an  unofficial  note,  written  by  me  to  His  Excellency 
Mr,  Zimmermann,  Imperial  Undersecretary  of  State  for  Foreign 
Affairs,  relative  to  the  desire  of  the  Belgium  Relief  Commission  that 
the  German  military  authorities  in  Belgium  will  not  make  any  fur- 
ther requisitions  of  food  supplies  while  the  international  commissions 
are  sending  in  food,  and  of  a  reply  received  from  the  Undersecretary 
dated  December  31,  1914.    My  telegram  No.  1195,  of  December  26 
last,  informed  you  of  my  action  in  this  matter. 

^  ^«^«'  ^t*^'  James  W.  Gerard. 

'  Not  printed. 


I 


'i- 


t 


i 


DIPLOMATIC  CORRESPONDENCE  BETWEEN 

(lodorarc  1.] 

Amhctiador  Gerard  to  the  Vndtrucrttary  of  State  for  Foreign  Affaivr$, 

AuEMCAN  Embassy, 
Berlin,  December  28,  1914. 

Mt  dbaii  MR.  Secmtaiit:  ^.  .  .      _  . 

After  my  csH  on  you  U»t  Saturday,  on  which  occasion  I  was  not 
acting  offlcially,  but  as  one  of  the  honorary  chairmen  of  the  Belgian 
Relief  Commission,  I  sent  to  my  Government  and  to  the  chairman  of 
the  comminioD  the  following  telegram: 

Acting  not  offlcially.  but  as  one  of  honorarv  chairmen  Belgian 
Relief  Commission,  called  today  with  Spanish  Ambassador  and 
Netherlands  Minister  on  Undersecretary  of  State  Zimmermann,  wh» 
gladly  and  without  hesiution  assured  us  that  coujmanding  gen«nl 
ui  Belgium  wiU  give  assurances  to  American.  Spanish,  and  Nether- 
lands Ministers  in  Belgium  that  German  military  authorities  will 
not  make  any  further  requisitions  of  food  supplies  in  Belgium  while 
the  international  commissions  are  sending  in  food,  and  for  a  reason- 
able time  after  the  last  delivery.  „.  ^  .u    »  i  •       i>  r-s 

There  is.  however,  another  matter  in  which  the  Belgian  Kelier 
Commission  required  the  assurance  of  the  German  Government.  Sup- 
plies art  being  sent  to  Belgium  in  British  ships.  These  ships  fly  th« 
flag  of  the  commission,  and  carry  nothing  but  these  supplies  for 
Belgium.  Will  the  Imperial  Government  not  give  a  public  assurance 
that  these  boats  will  not  only  not  be  interfered  with  on  the  voyage 
to  Belgium,  but  that  there  will  be  no  interference  with  these  ships 
on  their  return  to  British  ports,  so  long  as  they  return  direct  to  such 
ports  and  sail  under  the  flag  of  the  commission  t 

I  have,  etc.,  James  W.  Gebabd. 


Pi 


f 


[Inclosure  2— Translation.] 

The  Vndersetrctary  of  State  for  Fonign  Affairs  to 
Ambassador  Gerard. 

FOHEION  OmcE, 
Berlin,  December  31,  1914. 
The  undersigned  has  the  honor  to  inform  His  Excellency,  Mr. 
Gerard  Ambassador  of  the  United  States  of  America,  with  reference 
to  the  esteemed  note  of  the  28th  instant,  that  the  Imperial  Governor 
General  in  Belgium  will  issue  without  delay  an  order  prohibitmg  all 
the  troops  under  his  command  from  requisitioning  food  or  forage  of 
any  kind  whatsoever  which  would  require  to  be  replaced  by  impor- 
tations by  the  American  committee  for  Belgian  relief.  The  (^^mor 
General  will  in  addition  authorize  the  Minister  of  the  United  Statea 
of  Americ"  and  the  Spanish  Minister  at  Brussels,  as  honorary  chair- 


THE  UNITED  STATES  AND  GERMANY  247 

oitn  of  the  committee,  to  convince  themielvet  in  tDv  way  which  maj 
to  them  appear  adviubie  that  the  prohibitior  la  obMrved  moat 
icrapuloaily. 

With  regard  to  the  deaire  that  nonneutrul  ihipa  bringing  food  for 
Belgium  may  not  be  interfered  with  on  their  return  to  Britiah  porta, 
and  that  awmranoeit  to  thii  effect  might  be  givtn.  reference  ia  reapect- 
fully  made  to  the  note  verbale  of  the  24th  inxtant,  No.  3  of  which 
eontaina  piovi^iona  drnling  with  thia  deaire. 

The  underaigned  availa,  etc.,  Ziumermakn. 

Miniater  van  Dyke  to  the  Secretary  of  State. 

Amebican  Leqation, 
The  Hague,  January  4,  1915. 
Sir  :  Referring  to  my  diapatch  No.  184,  of  December  29.  1914,  I 
have  the  honor  to  report  that  the  import  duty  on  flour  which  waa 
exacted  by  the  German  civil  commander  of  the  Belgian  Province  of 
Limburg  haa  been  removed,  and  the  aura  of  8,000  franca  which  had 
been  collected  under  the  tax  haa  been  refunded. 

I  have  therefore  withdrawn  the  prohibition  iaaued  to  the  Com- 
miaaion  for  Relief  in  Belgium,  referred  to  in  the  above-mentioned 
dispatch,  in  regard  to  .1.  -nts  of  foodatuffa  into  the  Belgian  Prov- 
ince  of  Limburg. 

I  have,  etc.,  Henry  van  Dtdi. 


The  Secretary  of  State  to  Ambassador  Gerard. 

[Telegram.] 

Department  op  State, 
.  .     ,         T,  Washington.  January  13,  1915. 

Aacertam  from  Foreign  Office  whether  German  civil  commander 
of  Belgian  Provinee  Limburg  is  exacting  severe  import  tax  on  food- 
atuffs  sent  for  relief  of  Belgians  from  Rotterdam  by  American  com- 
mission. Brtan. 


I 
I; 


Ambassador  Ocrard  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 
,,      T^  1     •   ..  Berlin,  January  17,  1915. 

Van  Dyke  informs  me  tax  removed  and  money  collected  refunded 
Have  therefore  asked  German  Foreign  Office  to  drop  investiirations 
previously  requested  at  Van  Dyke's  instance, 

Gerard. 


I, 
I: 


248        DIPLOMATIC  CORRESPONDENCE  BETWEEN 


:J: 


M 


i!i 


h  .  - 


KJ 


The  Secretary  of  State  to  Minister  van  Dylta. 

Department  op  State, 
Washington,  January  21,  1915. 
Sir:  The  Department  has  received  your  dispatch,  No.  184,  of 
December  29,  1914,  with  reference  to  the  tax  imposed  by  the  (Jennan 
civil  commander  of  the  Belgian  province  of  Limburg  on  foodstuflEs 
sent  into  that  province  from  Rotterdam  by  the  American  Commission 
for  Relief  in  Belgium. 

This  information  was  telegraphed  to  the  Embassy  at  Berlin  on 
January  13,  and  a  reply,  dated  January  17,  has  been  received  stating 
that  you  have  informed  the  Ambassador  that  the  tax  has  been  removed 
and  the  money  collected  refunded.  The  Department  has,  therefore, 
telegraphed  you  to-day  (copy  of  message  im^losed)  '  asking  you  to 
confirm  the  facts  and  report. 

I  am,  etc.,  For  the  Secretary  of  State, 

Robert  Lansing. 


The  Secretary  of  State  to  Minister  van  Dyke. 

[Telegram.] 

Department  of  State, 
Washington,  January  21,  1915. 
Your  dispatch  184,  December  29. 

Department  informed  from  Berlin  tax  removed  and  money  col- 
lected refunded.    Please  confirm  facts  and  report. 

Bryan. 


Minister  van  Dyke  to  the  Secretary  of  State. 

American  Legation, 
The  Hague,  January  22,  1915. 
SiB:  Referring  to  your  cablegram  No.  81,  of  January  21,  I  have 
to-day  sent  you  the  following  reply  by  cable: 

I  confirm  facts.    Report  follows. 

Herewith  I  have  the  honor  to  make  the  report  for  which  you  have 
asked. 

According  to  my  dispatch  No.  184,  of  Dooember  29,  1914,  I  sent 
the  letter  which  was  inclosed  with  that  dispatch  to  Captain  Lucey, 
manager  of  the  Rotterdam  branch  of  the  Commission  for  Relief  in 
'  Supra. 


Ill 


THE  UNITED  STATES  AND  GERMANY  249 

Belgium,  and  a  copy  of  the  same  to  the  American  Ambassador  at 
Berlin,  incloaiag  it  in  a  letter  of  which  I  herewith  send  you  a  copy. 
On  December  31  I  received  from  the  Rotterdam  branch  of  the  Com- 
miision  for  Belief  in  Belgium  a  letter  dated  Dec -^.ber  29,  of  which 
you  will  find  a  copy  inclosed,  stating  that  "the  ..atter  of  duty  on 
imports  into  the  province  of  Limberg  has  been  taken  care  of  and 
settled." 

On  the  same  day  I  replied  to  this  letter  as  follows: 

If  effective  instructions  have  been  issued  to  the  German  civil  gov- 
ernor of  the  province  of  Limburg  in  Belgium  that  foodstuffs  shipped 
by  our  commission  are  to  enter  free  of  duty,  you  may  resume  ship- 
ments from  the  Netherlands  into  that  province  at  your  convenience 
Otherwise  not. 

And  on  January  4,  by  the  next  American  mail,  I  sent  you  my 
dispatch  No.  187,  reporting  the  facts. 

On  January  8  I  received  a  letter  from  the  American  Ambassador 
in  Berlir,  of  which  I  beg  to  inclose  a  copy,  together  with  a  copy  of 
my  reply,'  made  the  same  day. 

I  am  convinced  that  the  imposition  of  the  import  duty  on  flour 
by  the  German  civil  governor  of  the  Belgian  province  of  Limbuij?, 
was  due  entirely  to  a  mistake  on  his  part.  But  it  was  a  mistake  of 
such  nature  that  it  threatened,  if  not  corrected,  to  cast  doubt  upon 
the  absolutely  neutral  character  of  our  relief  work  in  Belgium,  and 
thus  to  call  forth  possible  objections  from  Great  Britain  and  France 
on  the  ground  that  we  were  contributing  to  the  revenue  of  a  belliger- 
ent power. 

I  have,  etc.,  Henry  van  Dyke. 


[Inclosure.] 
Ambassador  Oerard  to  Minister  van  Dyke. 

Americ.vn'  Embassy, 
,,  ^  Berlin,  January  6,  J915. 

My  dear  Colleague: 

I  have  the  honor  to  acknowledge  the  receipt  of  vour  letter  of  the 
26th  ultimo  regarding  the  reported  action  of  the  German  civil  com- 
mander of  the  Province  of  Limburg  in  imposing  an  import  duty  on 
flour  shipped  into  Belgium  via  Rotterdam  by  the  American  Com- 
mission for  Belief  in  Belgium.  I  have  at  once  informed  the  Tmperial 
German  Government  of  the  facts  and  have  requested  that  this  official 
'  Not  printed. 


IJ 


u 


mi 


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K 


f    f 


fi 


.' 


!       , 

1     : 


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250        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

be  directed  to  desist  from  imposing  this  tax  and  to  refund  the  snms 
already  collected  in  this  manner.  In  view  of  the  reiterated  assur- 
ances, both  written  and  oral,  which  I  have  received  from  the  German 
Government  of  its  sympathy  with  this  movement  for  relief  m  Bel- 
gium, I  am  persuaded  that  this  action  of  the  civil  commander  of  the 
Province  of  Limburg  results  from  misapprehension  on  his  part  regard- 
ing the  facts  of  the  case  and  is  not  in  accord  with  the  sentiments 
entertained  by  his  Government,  and  that  I  feel  confident  orders  will 
promptly  be  issued  to  him  in  the  desired  sense. 

I  am,  etc.,  James  W.  Gerard. 

Minister  van  Dyke  to  the  Secretary  of  State. 

American  Legation, 
The  Hague,  January  22,  1915. 

Sir:  In  connection  with  the  work  of  the  Commission  for  Relief  in 
Belgium,  I  '.ave  the  honor  to  report  that  the  Netherlands  Govern- 
ment  has  granted  free  use  of  the  Government  railways  for  the  trans- 
portation of  relief  supplies  to  the  Belgian  border,  and  free  use  of  the 
Netherlands  Postal  and  Telegraphic  Service  for  the  transmission  of 
the  letters  and  telegraphs  of  the  commission.  I  report  this  as  indi- 
cating the  Netherlands  Government's  willingness  to  assist  in  every 
possible  way  with  the  work  which  the  commission  is  doing. 

I  have  also  requested  the  Foreign  Office  here  to  designate  two 
Netherlands  citizens  who  might  be  employed  in  the  office  of  the 
Rotterdam  branch  of  the  commission,  in  order  to  secure  a  full  under- 
standing and  cooperation  on  the  part  of  the  Dutch  authorities  with 
the  details  of  the  commission's  work.     This  has  been  done. 

The  Netherlands  Government  has  also  granted  an  exemption  from 
the  payment  of  import  duty,  and  from  the  giving  of  surety  for  the 
twelve  motor  cars  employed  by  the  commission  in  service  between 
Holland  and  Belgium,  and  vice  versa. 

I  have,  etc.,  Henry  van  Dtke. 


Minister  Whithck  to  the  Secretary  of  State. 

American  Legation, 
Brussels,  January  26,  1915. 
Sir:  I  have  the  honor  to  transmit  herewith  inclosed  copy  |  and 
translation  of  a  note  received  from  the  German  civil  authorities  at 


'  Not  printed. 


THE  UNITED  STATES  AND  GERMANY  251 

BruBselB  giving  me  the  assurance  of  the  Governor  General  that  food- 
stuffs imported  for  the  region  of  Givet  and  Fumay,  in  that  part  of 
France  upon  the  Belgian  border  as  far  as  the  Meuse,  will  be  exempt 
from  requisition. 

After  investigating  conditions  in  this  district,  the  representatives 

of  the  Bockefeller  Foundation  who  have  recently  been  here,  have 

agreed  to  furnish  the  foodstuffs  for  this  district  on  condition  of  their 

being  transported  thither  by  the  Commission  for  Relief  in  Belgium. 

I  have,  etc.,  Brand  Whitlock. 


Jfww^er  Whitlock  to  the  Secretary  gf  State. 

American  Legation, 
Brussels,  January  28,  1915. 
Sir  :  I  have  the  honor  to  transmit  to  you  copies  and  translation  of 
correspondence '  concerning  the  collection  of  customs  duties  on  food- 
stuffs consigned  to  me  for  distribution  to  the  civil  population  of 
Belgium. 

As  will  be  seen  from  this  correspondence  the  matter  has  been 
satisfactorily  adjusted. 

I  have,  etc.,  Brand  Whitlock. 


Minister  Whitlock  to  the  Secretary  of  State. 

American  Legation, 
Brussels,  January  28,  1915. 
Sir  :  Referring  to  previous  correspondence  in  regard  to  exception 
from  requisition  by  military  authorities  of  foodstuffs  in  Belgium,  I 
have  the  honor  to  transmit  inclosed  copies  and  translations'  o:  a 
communication  received  from  tlie  German  military  authorities  in 
Brussels,  stating  that  although  ti  e  agreement  relative  to  the  suspen- 
sion of  requisitions  did  not  state  that  exception  was  made  of  the 
city  of  Antwerp,  such  was,  however,  the  intention  of  the  Government. 
I  have,  etc..  Brand  Whitlock. 

'  Not  printed. 


2S2        DIPLOMATIC  COEEESPCWIDENCE  BETWEEN 

Miniater  WkUlock  to  the  Secntary  of  State. 

American  Leoatiok, 
Brussels,  January  28,  1915. 
Sir:  I  have  the  honor  to  transmit  copies  and  trandation  of  a 
letter  from  the  German  military  authorities  informing  me  that  cattle 
and  their  food  will  hereafter  be  exempt  from  inilitaiy  requisition 
when  imported  by  the  Comite  National  de  Secours  et  d  'Alimentation. 
I  have,  etc.,  Brand  Whitlock. 


Ih 


[Inclosure — Translation.] 

The  Oovemor  General  in  Belgium  to  Minister  Whitlock. 

Administration  Headquarters, 
Brussels,  January  13. 1915. 
I  have  the  honor  to  inform  Your  Excellency  that  the  Governor 
General  in  a  decision  given  on  the  5th  of  this  month  has  exempted 
from  military  requisition  not  only  foodstuffs  imported  by  the  Comitf 
National  de  Secours  et  d' Alimentation  into  Belgium  from  abroad  for 
the  civil  population,  but  has  extended  this  measure  to  fuod  necessary 
for  beasts  and  cattle  imported  by  the  committee. 

Furthermore,  as  a  consequence  of  the  attached  order  issued  De- 
cember 26.  by  the  Governor  General  certain  classes  of  animals  are 
protected  against  military  requisition. 

In  this  manner  many  of  the  wishes  expressed  by  the  National 
Committee's  agricultural  section  are  met. 

I  have,  etc.,  D.  von  Sandt. 


ih' 


The  Oennan  Ambassador  to  the  Secretary  of  State. 

New  York,  January  28,  1915. 

With  reference  to  my  note  of  2l8t  instant,'  I  now  beg  to  state 
that  the  German  Government  gives  formal  assurance  that  foodstuffs 
imported  from  the  United  States  will  not  be  used  by  the  Government 
for  the  military  or  naval  authorities  ana  will  uot  reach  any  con- 
tractors of  the  Government.  The  German  Gtovemment  guarantees 
that  it  will  not  interfere  with  the  distribution  of  such  foodstufifs  by 
the  American  importers  to  the  civilian  population  exclusively. 

J.  Bernstobpp. 

'  Not  printed. 


THE  UNITED  STATES  AND  GERMANY 
Minister  Whitlock  to  the  Secretary  of  State. 


258 


AuEBicAN  Legation, 
Brussels,  February  3,  1915. 
SiB:  I  have  the  honor  to  transmit  herewith  for  the  information 
of  the  Department,  copies  and  translation  of  correspondence  rela- 
tive to  the  revictualing  of  the  Maubeuge  district,  through  the  agency 
of  the  Commission  for  Belief  in  Belgium. 

The  necessary  guarantees  of  nonseizure  and  nonrequisition  having 
been  granted  by  the  German  authorities,  the  Maubeuge  region  will  be 
administered  as  a  part  of  Belgium  so  far  as  relief  work  is  concerned. 
I  have,  etc.,  Bband  Whitlock. 


Ambassador  Sharp  to  the  Secretary  of  State. 
[Telegram.] 

American  Embassy, 
Paris,  Febrtiary  10,  1915. 
Your  528,  January  29.'  Foreign  OflBce  has  given  assurance  that 
it  will  make  no  objection  to  shipment  cargo  Argentine  maize  to  Rotter- 
dam for  distribution  relief  of  Belgian  and  French  people  in  terri- 
tory controlled  by  the  Germans.  In  consenting  to  this  and  other 
similar  shipments  for  like  purposes  and  expressing  its  sympathy  for 
sufferers,  French  Government  reserves  its  approval  because  of  belief 
that  indirectly  in  some  instances  equivalent  amount  foodstuffs  have 
been  sent  out  of  Belgium  to  Germany. 

Sharp. 


The  Secretary  of  State  to  Minister  Whitlock. 

Department  of  State, 
Washington,  February  18,  1915. 
Sir:  The  Depaitment  acknowledges  the  receipt  of  your  dispatch 
No.  47  of  January  28,  transmitting  copies  and  translations  of  corre- 
spondence from  the  German  military  authorities  relative  to  the  exemp- 
tion of  cattle  and  their  food  from  military  requisition  when  imported 
by  the  Comiti  National  dc  Secoura  ct  d'Aiir.u  ..iation. 

In  reply  the  Department  informs  yo'^.  that  copies  of  the  corre- 
spondence inclosed  with  your  dispatch  have  been  transmitted  to  ihe 

'  Not  printed. 


■  i 


I     § 


254        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Committee  of  Mercy  and  to  the  Commission  for  Relief  in  Belgium, 
New  York  City;  also  the  American  Minister  at  the  Hague  and  to 
American  Ambassadors  at  London  and  Paris. 

I  am,  etc.,  For  the  Secretary  of  State, 

Robert  Lamsinq. 


The  Secretary  of  State  to  Minister  Whitlock. 

Department  op  State, 
Washington,  February  23,  1915. 
Sir:  The  Department  acknowledges  the  receipt  of  your  dispatch 
of  January  26,  together  with  a  copy  of  a  note  received  by  you  from 
the  German  civil  authorities,  with  the  assurance  that  foodstuffs 
imported  for  the  region  of  Givet  and  Pumay,  in  that  part  of  France 
upon  the  Belgian  border  as  far  as  the  Meuse,  will  be  exempt  from 
requisition. 

The  Department,  in  reply,  informs  you  that  copies  of  your  dis- 
patch, together  with  the  German  note,  have  been  transmitted  to  the 
Committee  of  Mercy,  the  Commission  for  Relief  in  Belgium,  and 
The  Rockefeller  Foundation,  New  York  City;  also  to  the  American 
Minister  at  The  Hague  and  the  American  Ambassador  at  London. 
I  am,  etc..  For  the  Secretary  of  State, 

Robert  Lansing. 


m 

11 


if 


Minister  van  Dyke  to  the  Secretary  of  State. 

American  Legation, 
The  Hague,  March  3,  1915. 

Sir:  Supplementing  my  dispatch  214  of  March  2,  and  my  tele- 
grams 173  of  February  27,'  and  178  of  March  2,  I  have  the  honor  to 
advise  you  that  the  German  Minister  has  called  upon  me  this  after- 
noon, bringing  a  memorandum  from  his  Government  in  regard  to  the 
ships  of  the  Commission  for  Relief  in  Belgium.  He  expressed  his 
personal  regret  that  the  memorandum  had  been  so  long  delayed. 

I  have  cabled  the  substance  of  the  memorandum  to  you  and  to 
Mr.  Hoover,  the  chairman  of  the  relief  commission  in  London.  Here- 
with yon  will  find  a  copy  of  the  memorandum  in  the  German  text 
with  an  English  translation  attached. 

'  Not  printed. 


«  ; 


THE  UNITED  STATES  AND  GERMANY 


255 


It  will  be  observed  that  this  assurance  covers  the  freedom  of  the 
relief  ships,  bearing  the  flag  and  markings  of  the  coinmi^ion,  from 
all  molestation  by  German  submarines  in  the  voyage  through  the 
English  Channel,  and  that  orders  to  this  effect  have  been  issued  by 
the  German  Government.  We  have  thus  obtained  a  concession  of 
distinct  advantage. 

But  the  German  memorandum  expresses  regret  that  safe  conduct 
cannot  be  issued  to  relief  ships  on  their  way  to  and  from  England,  in 
view  of  the  existing  mine  danger  in  the  war  zone.  The  exact  meaning 
of  the  reservation  is  not  clear. 

I  have,  etc.,  Henry  van  Dtke. 


[  Inclosu  re— Translation.  ] 
The  German  Minister  at  The  Hague  to  Minister  van  Dyke. 

The  Hague,  March  3,  1915. 

MEMORANDUM. 

Naturally  the  German  Government  is  anxious  to  give  every  pos- 
sible support  lo  the  humanitarian  work  of  the  relief  commission. 
It  will  allow  the  ships  of  the  commission  to  pass  through  the  English 
Channel  unmolested,  if  they  are  recognizable  by  the  usual  signs 
(I.e.,  name  painted  on  the  sides  of  the  vessel  in  big  letters,  and  white 
flag  with  similar  designation  in  red  letters)  and  visibly  illuminated 
a  °'^"jl;.  ^^™a°  submarines  have  received  instructions  to  this 
effect  The  guarantee  is  given  on  condition  that  every  measure  shall 
be  adopted  to  exclude  the  misuse  of  the  signs  of  the  relief  commis- 
sion. Ihe  trerman  Government  will  at  once  communicate  with  the 
American  Ambassador  here,  with  a  view  to  obtaining  from  the  British 
Government  a  declaration  that  only  ships  which  are  really  in  the 
service  of  the  it-nef  comaiission,  will  be  allowed  to  carrv  the  sijms 
ot  that  commission.  ' 

The  German  Government  regrets  that  in  view  of  the  danger 
caused  within  the  war  zone  by  mines,  it  is  impossible  to  issue  safe 
conducts  tor  the  ships  of  the  relief  commission  for  the  voyage  to  and 
from  England. 


Ambassador  W.  H.  Page  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 
«j.    p ,        ,  _        ,  London,  March  10,  1915. 

.     ^'f  .^a«ard  Grey  has  communicated  with  Commission  for  Relief 
m  Belgium  assuring  the  commission  that  neither  their  flag  nor  the^  ■ 


:[.' 
H^ 


X 

■  i 


St. 


ii 

•it? 

•I  J 


256         DIPLOMATIC  C0ERE8P0NDENCE  BETWEEN 

markings  will  be  used  in  any  way  or  for  any  purpose  by  any  officer 
of  His  Majesty's  Government;  also  stating  that  His  Majesty's  Govern- 
ment will  countenance  the  use  of  this  flag  and  these  markings  in  all 
cases  where  it  is  used  on  ships  carrying  goods  of  the  commission  .nd 
will  discount  in  all  other  cases.  Will  you  kindly  commnnica.  •  the 
above  assurance  to  the  German  Ambassador  in  Washington. 

Page. 


Memorandum  to  the  German  Embassy. 

Department  op  State, 
Washington,  March  11,  1915. 

The  Secretary  of  State  presents  his  compliments  to  His  Excellency 
the  Imperial  German  Ambassador  and  has  the  honor  to  transmit  here- 
with a  copy  of  a  telegram  received  from  the  American  Ambassador 
at  London,  stating  that  the  British  Government  has  given  assurance 
that  no  officer  of  that  Government  will  be  permitted  to  use  the  flag  or 
markings  used  by  the  Commission  for  Relief  in  Belgium  on  its  vessels. 

The  Department  also  transmits  herewith  paraphrase  of  a  telegram 
received  from  the  Amerieen  Ambassador  with  reference  to  the  atti- 
tude of  the  British  Government  toward  the  work  of  that  commission. 


m 


The  Secretaty  of  State  to  Ambassador  W.  H.  Page. 

[Telegram.] 

Department  of  State, 
Washington,  April  3,  1915. 
For  Relief  Commission.  Department  informed  from  The  Hague 
that  commission's  vessel  Elfiand  wps  attacked  Sunday,  March  21,  by 
German  aeroplane  off  Dutch  coast.  Department  advised  to-day  that 
German  Admiralty  explains  that  markings  of  relief  ship  not  recogniz- 
able and  suggests  display  commission  markings  flat  on  upper  deck. 
Orders  have  been  given  aeroplanes  and  submarines  respect  all  relief 
commission  ships  recognizably  marked. 

Bryan. 


Statement  given  to  the  press  by  Department  of  State  March  24,  1917. 

Department  of  State. 
Washington,  March  24,  1917. 
By  direction  of  the  President  the  Minister  at  Brussels  has  been 
instructed  to  withdraw  from  Belgium,  with  all  diplomatic  and  con- 
sular officers,  and  take  up  his  official  residence  at  Havre. 


THE  UNITED  STATES  AND  GERMANV  257 

After  consultation  with  the  Commission  for  Relief  in  BelKJum 
Mr.  WhiUock  has  also  been  instructed  to  arrange  for  the  departure 
of  the  American  nicnibei-N  rf  the  Commission. 

This  step,  the  seriousness  of  which  is  fully  appreciated  by  the 
Government,  was  taken  only  after  careful  consideration  and  full  con- 
sultation with  all  the  interests  involved. 

When  diplomatic  relations  with  Germany  were  broken  off  the  nor- 
mal procedure  would  iiavc  b.en  to  withdraw  the  Minister  at  R-ussels 
and  the  American  members  of  the  Relief  Commission.  But  this  Gov- 
ernment and  the  Commission,  however,  felt  a  heavy  moral  respon- 
sibility for  the  millions  of  innocent  civilians  behind  th-  German  lines 
and  It  was  .Iccided  that  the  work  of  the  Commission  must  be  kept 
ROHiK  despite  all  difficulties  unlM  continued  American  participation 
became  impossible.  For  over  tw.  years  it  has  been  the  single-minded 
purpose  of  this  Government  and  the  Commission  to  see  that  these  ten 
mdhons  of  civilians  were  fed.  and,  with  this  end  in  view,  the  Ameri- 
cans concerned  have  submitted  to  restrictions  imposcu  on  them  by 
the  German  authorities  which,  under  ordinaiy  conditions,  would 
never  have  been  tolerated. 

Immediately  after  the  break  in  relations  the  German  authorities  in 
Brussels  withdrew  from  Mr.  Wliitlock  the  diplomatic  privileges  and 
immunities  which  he  had  until  that  time  enjoyed.  His  courier  service 
to  The  Hague  was  stopped;  he  was  denied  the  privilege  of  communi- 
cating with  the  Department  of  State  in  cipher,  and  later  even  in 
plam  language.  The  members  of  the  Relief  Commission  were  placed 
under  srreat  restrictions  of  movement  and  communication  which  ham- 
pered the  efficient  performance  of  their  task.  In  spite  of  all  these 
difficulties  the  Government  and  Commission  were  determined  to  keep 
the  work  going  till  the  last  possible  moment. 

Now,  however,  a  more  .serious  difficulty  has  arisen.  In  the  course 
of  the  past  ten  dnys  several  of  the  Commission's  ships  have  been  at- 
tacked without  warning  by  German  submarines  in  flagrant  violation 
of  the  solemn  engagements  of  the  German  Government.  Protests  ad- 
dressed by  this  Government  to  Berlin  through  the  intermediary  of  the 
Spanish  Government  have  not  been  answered.  The  German  Govern- 
ment's disregHrd  of  its  written  undertakings  causes  grave  concern  as 
to  the  future  of  the  relief  work.  In  any  event  it  is  felt  that  the 
American  staff  of  the  Commission  can  no  longer  s.  e  with  advantage 
m  Belgium.  Although  a  verbal  promise  has  been  made  that  the  mem- 
bers of  the  Commission  would  be  permitted  to  leave  if  they  so  desire 
the  German  Government's  observance  of  its  other  undertakings  has 


i 


I  n 


y 


258         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

not  been  Mch  that  the  department  would  feel  warranted  in  accepting 
reaponsibility  for  leaving  thei»  American  citizens  in  German-occupied 

territory.  .    .     »»    l    i      i 

This  Government  has  approved  the  proposal  of  the  Netherlands 
Government  to  send  into  Belgium  a  certain  number  of  Netherlands 
subjects  to  carry  on  the  work  thus  far  performed  by  the  American 
staff. 


I: 


Part  XXI. 

DEPORTATIONS   OF   CIVILIANS   FROM   BELGIUM. 

Charge  Grew  to  the  Secretary  of  State. 

[Telegram— Paraphrase— Extract.  ] 

American  Embasst, 
Berlin.  October  10,  1916. 
Mr  Grew  reports  that  he  has  received  from  Minister  Whitlock  at 
Brussels  copies  of  letters  from  the  President  of  the  Comiti  Ifaitonal 
de  Secours  et  d'Alimentation  of  Brussels  together  with  copies  of 
orders  in  proof  of  the  statements  contained  in  the  letters  to  the  eftect 
tiiat  complete  lists  of  all  workmen  who  are  unemployed  and  who 
receive  aid  in  the  district  (etape)  have  been  demanded  rrom  the 
presidents  of  the  local  committees  by  the  German  military  authonties. 
and  that  presidents  were  imprisoned  if  they  refused  to  furnish  the 
lists  demanded.  The  President  states  that  the  object  is  to  send  such 
unemployed  to  Germany  as  laborers  for  military  purposes.  That  men 
are  forced  to  labor  is  proved  by  letters  attached.' 


The  Acting  Secretary  of  State  to  Charge  Orew. 
[  Telegram— Paraphrase.  ] 

Department  of  State, 
Washington,  October  19.  191G. 
Mr  Polk  states  that  if  Mr.  Grew  should  deem  it  advisable  he  may 
draw  to  the  Foreign  Minister's  attention  informally  and  orally  the 
action  of  the  German  mUitary  authorities  in  Belgium  and  its  object 
as  alleged, 

■  Not  printed. 


THE  UNITED  STATES  AND  GERMANY 


259 


Charge  Grew  to  the  Secretary  of  Stale. 

[  Telegram— FaraphrajM.  ] 

American  Embassy, 
M    n  Berlin,  October  23  1918 

Mr.  Grew  reports  that  he  ha.  brought  informally  and  orally  to  the 
atten  ion  of  the  Under  Secretary  of  State  for  ForeiRn  Affaiw  the 
question  of  the  Belgian  laborer..  The  Under  Secretary  haVpromiUd 
to  mveatigate  the  matter  at  once  and  to  inform  Mr.  Grew  of  the  rwJu 


Charge  Grew  to  the  Secretary  of  State. 

[Telegram— Paraphrase— Extract.] 

American  EMBASflr, 

\f,  n-        .  ,.     .1.  .  .^  .  Berlin,  October  27,  1916. 

m.n  iin^„     fi  '**!  ^^^^J"'  T"*"*  *  ^"'*'>"  interview  with  the  Oer- 

Xi»l  ??f     ^7"*"^  '»^,  F^riKn  Affairs  at  which  he  told  that 

offlcia    informally  and  orally,  that  he  understood  the  policy  had  been 

of  enforcing  labor  on  Belgian  citizens,  and  that  many  of  them  would 

Si  TarS°„.%™"°^' '°  K'"''' ''  ^''^  '"»  varii;!^ induSne.."^ 
tnis  way  -eleasing  German  workmen  to  go  to  the  front  A  m^mn. 
randum  was  handed  to  Mr.  Grew  by  the  Under  Sccretl?y  whkh  rta"S 
that  compulsory  measures  were  to  be  adopted  against  the  BeS 

S?r™  Tfa^at7h»l  ^^"^  measures  are  designed  to  make  them 
worn,  80  far  as  the  men  are  not  inclined  voluntarily  to  work     Mr 

?Silif T'  V*""*.  ^'  P"'"^"**  °"*  *•»"*  this  decision   as  U  Evolved 


The  Secretary  of  State  to  Charge  Grew. 

[Telegram— Paraphrase.  ] 

Dkpartment  of  State. 
\r     T  Washington,  November  2    1916 

Mr  Lansing  states  that  in  view  of  the  serious  consequences  that 
may  follow  as  a  result  of  the  proposed  policy  in  Belgium  apart  from 
""Lr"°""'r  <!«»«"'?';«tion8.  Mr.  Grew 'is  authorized' to'^maker™ 
quest  for  an  interview  with  the  Chancellor.  The  extent  to  which  hi 
informal  representa*  ons  with  the  Chancellor  should  go  is  left  to  the 

of Te  Ch.?/ei  "■•  ""Vk  ""^^  """«'  ^'  ^'''"^'^  ^y  the  l?neril  at  Uude 
of  the  Chancellor  and  by  circumstances.  Mr.  Grew  should  however 
point  out  the  unfortunate  impression  which  would  be  createdTy  the 
proposed  policy  m  neutral  countries,  and  especially  in  the  United 


fl! 


in 


m        DIPLOMATIC  CORRESPONDENCE  BETWEEN 
rk#  Stcrttary  •/  State  to  CUrgf  Grew. 
[Tdeirram— P«r«phra«e — Extract.  ] 

Depaiitmknt  of  Statk. 
Watkington,  Xovember  29.  1916. 
Mr  Grew  is  dirwtcd  to  obtain  nn  interview  with  the  Oorman  Chtn- 
i*llor  M  iwon  w  pwwiWo  hikI  ropeut  to  h^  the  following: 

'•rre  Oovernmont  <.!  the  Tnited  Stated  ha.  learned  with  the  ureat- 
e.t  concert  onrSet  of  the  policy  of  the  «"man  Guvernment  to 
deoort  from  B.lnium  a  portion  of  the  civilian  population  for  the  pur- 
J^  nf  for^inVthe  n  to  labor  in  Oerniany.  and  \»  c..n«tra.ned  to  pro- 
fc^in  a  friSlv  iirit  but  n.o«t  Holemnly  flgainat  Uuh  action,  wfiich 
n "ontrHventLi  of  all  precedent  and  of  tho«.  humane  priner  ^ 
of  international  practice  which  have  lonR  hen  accepted  nnd  foil..  1 
bV  vi  "Son.  in  their  treatment  of  n«»7'"5f  "^r-^-JX"?. 
territory  Furthermore,  the  Government  of  the  In  ted  Swt«^  " 
wnv  Sd  that  the  effect  of  thi.  policy,  if  puraucd.  «'»  '«  »»  P™»^ 
Sv  be  fatal  to  the  Belgian  relief  work,  ao  humanely  planned  and 
S  .ucce^fuly  carried  out.  a  re.ult  which  would  be  Ben^'^l'yj^ 
plJZmd  which,  it  i.  awumed,  would  aenoualy  embarra..  the  Qer- 
man  Government."  

Ckarg'^  Grew  to  the  Secretary  of  Statt. 

[Telegram.] 

Amkbican  Embahst, 
Berlin,  December  20.  1916. 
Following  note  received  from  Foreign  OfBce,  dated  December  18th: 
"The  Foreign  Of«lce  has  the  honor  to  inform  the  Embasay  of  the 
TTnited  States  of  America  with  reference  to  the  memorandn.  r    :.    o- 
Tng  the  deportation  of  Belgian  workmen  to  Germany,  that  owinn  to 
a  Lmber  of  complaint*  which  have  been  raised  by  Belgian  workmen 
on  rc^unt  of  their  transportation  to  Germany,  three  liundred  and 
twenty^x  of  such  workmen  have  up  to  the  present  been  sent  back 
IrBelgium  ai  not  coming  under  the  rules  of  the  order  of  the  Governor 
Genera   in  Belgium,  dated  May  15.  1916.    The  remainder  of  the  com- 
^a"nt.  ahaU  be  investigated  with  all  possible  expedition. 


Charge  Grew  to  the  Secrdary  of  State. 

American  Embassy. 
Berhn,  December  21.  1916. 
Sir-  With  reference  to  my  telegram  No.  47.56  of  December  20, 
1916,  3  p.m.,  regarding  the  return  to  Belgium  of  a  number  of  Belgian 


THE  UNITED  STATES  AND  OERBfANY 


261 


workmen  on  the  groand  that  they  had  b<>en  transported  to  Oermanjr 
contrary  to  the  proviiiionii  of  the  order  of  the  Governor  General  of 
Belgiam,  dated  May  15,  1916,  I  hare  the  honor  to  trauamit  herewith, 
for  the  Department 'a  infonnat^)n,  a  copy  and  translation  of  the  order 
referred  to. 

I  have,  etc.,  J.  C.  Guw. 


I! 


[  Incloaure — Translation.  ] 


REGULATIONS  OOVERMNO  IDLENESS. 


Cancelinff  the  regulation,  under  the  same  heading,  dated  Augnit 
13,  1915  (Gesetz-  und  Verordnungsblatt  No.  108,  Page  889)  I  ordain 
as  follows: 

Article  1. 

Persons,  intentionally  or  carelessly  making  false  statements  regard- 
ing  their  personal  circumstances  when  inquiries  are  being  made  with 
the  object  of  ascertaining  the  necessity  of  relief  for  them,  shall  be 
punished  with  imprisonment  up  to  six  weeks,  in  chso  a  more  severe 
punishment  is  not  incurred  in  accordance  with  the  existing  laws; 
aside  from  that  a  flne  up  to  Marks  1,000  can  be  imposed. 

Article  2. 

Persons  declining  the  acceptance  or  continuation  of  work  offere<? 
them  and  which  stands  in  accordance  with  their  ability  without  aulH- 
cient  reason,  although  relief  is  granted  them  from  public  or  private 
funds  or  they  become  in  need  of  relief  owing  to  such  refusal,  shall  be 
punished  with  imprisonment  of  from  fourteen  days  to  a  year. 

Principally  every  reason  justified  by  international  law  shall  b« 
considered  sufficient. 

Instead  of  prosecuting,  the  compulsory  deportation  to  the  place  of 
work  can  be  ordered  by  the  Governors  and  Commanders,  enjoying 
L^nal  rights  as  well  as  the  County  Chiefs. 

Article  3. 

Persons  intentionally  assisting  the  refusal  of  work,  punishable  ac- 
cording to  Article  2,  by  granting  relief  or  in  some  other  manner,  shall 
be  fined  up  to  Marks  10,000,  besides  which  imprisonment  np  to  two 
years  can  be  imposed. 

Article  4. 

In  case  communities,  associations,  or  other  organizations  assist  the 
refusal  of  work  according  to  Article  3,  the  punishment  wUl  be  im- 
posed upon  the  leading  persons. 


m 


H 


262         DIPLOMATIC  CORRESPONDENCE  BETWEEN 


•  '  n 


i 


Article  5. 

Amounts  proven  to  be  intended  for  the  support  of  the  persons 
mentioned  in  Article  2  shall  be  confiscated  for  the  benefit  of  the  Bel- 
gian Red  Cross. 

Article  6. 

The  Military  Courts  and  Military  Commanders  have  jurisdiction 
for  trespasses  against  the  Articles  2  to  4  of  the  regulaLions  and  for 
such  trespasses  against  Article  1  which  have  been  committed  against 
Qerman  Authorities  and  Troops  and  against  Authorities  and  Organi- 
zations instituted  by  me. 

The  criminal  courts  of  the  Belgian  Courts  of  First  Instance  shall 
have  jurisdiction  for  such  trespasses  against  Article  1  of  the  regula- 
tion, which,  according  to  the  above,  do  not  come  under  the  jurisdiction 
of  the  Military  Courts  and  Military  Commanders. 

Brussels,  May  15,  1916. 

The  Governor  Qlenei  al  in  Belgium. 

Freiherr  von  Bissing, 

Generalohcrst. 


.li'S 


Mr    ' 


Ambassador  W.  H.  Page  to  the  Secretary  of  State. 

[Telegram.] 

American  Embassy, 
London,  January  2,  1917. 

Hoover  submits  following  statement : 

"There  has  been  no  apparent  change  in  German  policy  since  the 
President's  protest.  Deportation  continuing  on  a  large  scale,  now 
apparently  three  to  five  thousand  per  week.  Despite  assertions  made 
to  the  President  no  distinction  is  made  as  to  whether  deportees  are 
unemployed  or  not,  and  in  fact  there  seems  a  definite  policy  to  secure 
all  members  of  certain  trades  and  the  desire  to  secure  these  and  other 
skilled  labor  leads  press  gangs  to  delegate  choice  of  those  in  actual  em- 
ployment. Moreover,  they  have  taken  altogether  up  to  December 
fifteenth  over  seven  hundred  persons  employed  by  the  commission 
despite  the  exhibit  of  credentials  and  their  specific  agreement  with 
us  to  the  contrary  against  our  protest.  Furthermore,  our  American 
members  have  witnessed  the  taking  of  several  thousands,  particularly 
from  Flanders,  to  northern  France,  and  together  with  local  French 
people  are  now  being  forced  to  work  for  the  German  army  in  the 
preparation  of  timber  and  fasein'.'s  for  the  trenches.  Refusal  to  per- 
form such  labor  has  here  been  met  with  refusal  of  food  and  other 
brutal  acts.  It  is  also  reported  to  us  from  what  we  believe  to  be 
reliable  sources  that  Belgian  and  French  civilians  have  been  deported 
to  work  on  trench  construction  in  northern  France,  and  certain  de- 


THE  UNITED  STATES  AND  GERMANY 


263 


portees  have  Ljon  recently  returned  wounded  by  shell  fire.  Of  the 
deportees  to  Germany  some  three  hundred  have  been  returned  to  Hai- 
naut  Province,  of  whom  a  part  were  apparently  returned  because 
physically  unable  to  work,  but  the  remainder  maintain  that  they  were 
returned  because  of  their  steadfast  passive  resistance  to  pressure ;  al- 
though they  were  entirely  refused  food  over  a  considerable  period  and 
were  ultimately  reiu'r-  I  for  their  recalcitrancy.  Their  appearance 
confirms  this.  .M*  .-tiiici  >  "e  ass'irances  given  the  President  that  only 
unemployed  peop  ■  wore  takon  ui.vi  that  they  are  not  being  employed 
on  military  work  •  i  h'nlaljy  treat  i  are  absolutely  untrue,  not  only  be- 
fore but  since  ast^  !;■!.  (s  i-'cr  g  ,en.  It  does  appear  that  the  civil 
government  in  Bri^seN  iias  uiadf  some  efforts  to  prevent  brutality  in 
selection,  to  confine  selections  iv-  unemployed,  and  to  protect  the  em- 
ployees of  the  commission,  and  they  have  even  solicited  complaints, 
but  they  appear  unable  to  control  the  military  press  gangs  or  effect 
any  remedies. 

"The  hourly  witnessing  of  these  outrages  and  the  prayers  to  the 
Americans  from  a  people  now  iu  a  state  of  complete  terror,  since 
Americans  have  been  so  peculiarly  their  protectors  during  the  past 
two  years,  make  it  difficult  for  us  to  control  the  natural  feelings  of 
our  staff,  and  we  can  only  hope  that  no  untoward  incident  may  occur. " 

Page. 


;  1 

,   1 


Minister  WhUlock  to  the  Secretary  of  State. 
[  Telegram — Pa  raphrase — E  xt  ract.  ] 

American  Legation, 
Brussels,  January  2,  1917. 

Mr.  Whitlock  reports  that  it  is  very  dififieult  to  obtain  informa- 
tion that  is  accurate  regarding  deportations  because  facilities  for 
commi'nication  are  lacking  in  Belgium. 

Thtre  is  no  communication  with  that  part  of  Belgium  exclu- 
sively under  the  jurisdiction  of  the  military,  which  includes  certain 
parts  of  Hainaut  and  the  two  Flanders  and  also  all  Northern  France 
and  parts  of  Hainaut  and  Luxemburg.  Deportations  continue  one 
day  in  this  commune,  one  day  in  another.  There  have  been  taken,  it 
was  estimated,  between  sixty  thousand  and  one  hundred  thousand 
men.  Possibly  two  thousand  of  these  have  been  returned.  Those  re- 
turning from  Germany  have  brought  accounts  which  are  distressing 
concerning  the  cruelties  resorted  to  in  forcing  them  to  sign  employ- 
ment contracts,  and  concerning  hunger,  suffering,  and  lack  of  shelter. 
Requisition  of  the  stocks  and  materials  in  the  few  industries  which 
are  still  in  operation  continues,  thus  complicating  the  situation  as  the 
numbers  of  unemployed  who  are  thereby  formally  exposed  to  deporta- 
tion are  increased. 


m 


n 


!-5 


Hi  I 


h 


H^ 


n  . 


264         DIPLOMATIC  CORRESPONDENCE  BETWEEN 
The  German  Ambassador  to  the  Secretary  of  State. 

German  Embassy, 
Washington,  January  8,  1917. 
Mr.  Secretary  of  State  : 

I  have  the  honor  to  inclose  a  memorial  sent  me  by  my  Government 

on  the  eraplojTnent  of  Belgian  laborers  in  Germany,  refuting  the  false 

statements  of  Germany 's  enemies.  In  case  Your  Excellency  should  not 

express  any  objections,  I  intend  to  publish  it  here  in  the  near  future. 

Please  accept,  etc.,  J.  Bernstobfp. 


[Inclosure — Translation.] 

EMPLOYMENT  OF  BELGIAN  LABORERS  IN  GERMANY. 
I. 

The  compulsory  employment  of  Belg:ian  laborers  in  German  works 
is  utilized  by  our  enemies  as  a  welcome  occasion  in  order  to  stir  up 
the  public  opinion  of  neutral  and  hostile  foreign  countries  against 
this  alleged  recent  violation  of  the  Belgian  people.  This  propaganda 
threatens  to  assume  considerable  proportions,  iind  it  may  even  be  con- 
sidered likely  that  the  Entente  will  attempt  to  induce  neutral  Gov- 
ernments or  high  neutral  personages  to  make  a  formal  protest.  An 
explanation  of  the  causes  and  effects  of  the  disapproved  measures 
therefore  appears  necessary  in  order  to  prevent  a  one-sided  judgment 
of  the  question. 

Those  who,  far  away  from  the  scenes  of  the  war.  are  able  to  judge 
the  conditions  in  the  territories  occupi  !  in  the  west  only  in  a  super- 
ficial manner  will  perhaps  not  understand  so  easily  that  the  measures 
taken  are  not  only  by  no  means  in.iurious  to  th«  population  of  these 
regions  from  an  economic  -standpoint,  but  had  become  to  a  certain 
extent  a  social  m-cessity  owing  to  the  peculiar  conditions  prevailing 
there.  He  who  wishes  to  comprehend  this  must  first  picture  to  him- 
self the  extent  and  eff.'cts  of  the  nonemployment  in  Belgium.  The 
chief  cause  of  this  is  the  British  naval  blockade,  which  is  being  ruth- 
lessly enforced  even  against  Belgium.  Belgian  industrj-  is  so  greatly 
dependent  on  the  importation  of  raw  materials  and  the  exportation  of 
manufactured  articles  that  the  almost  complete  stoppage  of  foreign 
trade  by  England  necessarily  entailed  automatically  the  paralyzation 
of  by  far  the  greater  part  of  Belgian  industries.  This  is  especially 
the  case  with  the  important  iron  and  steel  industries,  textile  and 
clothing  industries,  and  the  keramie  and  glass  industry,  which  to- 
gether employed  over  half  a  million  workmen  in  time  of  peace,  as  well 
as  with  the  leather,  tobacco,  paper,  and  chemical  industry.  Even 
fishing  has  entirely  ceased  in  consequence  of  the  blockade  of  the 
North  Sea  coast.  A  number  of  other  enterprises  had  to  be  suspended 
because  the  materials  used  and  their  transportation  had  become  so 


THE  UNITED  STATES  AND  GERMANY 


265 


dear  that  the  work  was  conducted  at  a  loss;  this  occurred,  among 
others,  with  the  buildin«  industry  (employing  in  peace  95,(K)0  labor- 
ers) and  the  wood  and  furniture  industry  (80,000  laborers).  The 
important  mining  industry  owes  it  only  to  extensive  exportation  of 
coal  to  Germany  that  it  is  able  to  employ  about  nine-tenths  of  its 
145,000  laborers,  and  the  stone  quarries  also  employ  one-third  of  their 
force,  which  had  hitherto  consisted  of  35,000  hands,  in  order  to  fulfill 
orders  which  are  mostly  German. 

That,  as  frequently  asserted  in  Belgium,  requisitions  of  raw  ma- 
terials and  machinery  by  Germany  have  considerably  increased  the 
unemployment  is  not  true  for  the  reason  that  these  requisitions  were 
made  primarily  in  factories  which  were  unable  any  way  to  keep  run- 
ning owing  to  one  of  the  aforementioned  causes. 

The  result  of  these  occurrences  is  that,  out  of  1,200,000  men  and 
women  who  worked  in  Belgian  industrial  enterprises  before  the  war, 
and  who  represent  about  half  of  all  persons  in  Belgium  engaged  in 
earning  a  living,  505,000  (including  158,000  women)  are  entirely 
and  150,000  (including  46,000  women)  partially  unemploj'cd.  Alto- 
gether there  are  therefore  655,000  persons,  formerly  earning  their 
living  by  labor  in  industry,  who  are  now  dependent  upon  public 
assistance,  a  number  which,  added  to  293,000  wives  and  612,000  chil- 
dren of  the  unemployed,  reaches  a  total  of  1.560,000  needy  people  and 
represents  about  one-fifth  of  the  entire  population  of  Belgium. 

In  so  highly  a  developed  industrial  nation  as  Belgium  this  state  of 
aflFairs,  without  precedent  in  history,  had  necessarily  to  entail  the 
gravest  economic  and  social  troubles.  The  sums  expe  ided  up  to  the 
present  in  order  to  furnish  the  b;r  •>  minimum  needed  for  existence 
to  the  unemployed  persons  and  those  dependent  upon  them  al-  ^dy 
amount  to  over  300,000.000  francs  and  are  likely  to  amount  '  o 
less  than  20,000,000  francs  a  month  in  future.  Even  though  forc.gn 
countries  undertook  to  finance  the  work  of  affording  this  assistance, 
nevertheless  Belgian  national  economy  must  eventually  bear  the  bur- 
den. The  equivalent  of  these  expenditures,  which  are  not  made  for 
productive  labor,  is  not  only  entirely  lost  to  Belgian  economic  li^e.  but 
even  does  it  considerable  injury.  The  laborers  are  so  accut  ■>nied  to 
idleness  by  the  help  afforded  them  that  a  Belgian  emploj'er  at 
present  has  difficulty  in  finding  the  neces.sary  workmen  to  keep  his 
enterprise  going. 

If  this  fact,  in  view  of  the  above-cited  large  number  of  unem- 
ployed, in  itself  throws  a  sharp  light  on  the  economic  troubles  created 
in  Belgium  by  unemployment,  then  the  present  condition  must  be 
characterized  as  wholly  intolerable  from  a  social  standpoint  if  we 
picture  to  ourselves  the  consequences  which  the  long  continuing  idle- 
ness produces  for  the  laboring  population.  It  is  obvious  that  a  trained 
laborer  will  lose  his  ability  through  long  years  of  idleness,  and  his 
value  to  Belgian  industry  will  therefore  be  seriously  diminished. 
Even  the  unskilled  laborer,  who  has  been  accustomed  to  a  constant 
exertion  of  his  strength,  will  be  physically  impaired  by  remaining 
unoccupied  for  a  long  time.    In  a  moral  way  a  continuance  of  present 


M 


I 


I  « 


'<   I 


266         DIPLO>LA.TIC  CORRESPONDENCE  BETWEEN 

conditions  wUl  be  absolutely  devastating  in  its  effects.  The  feelinc  of 
humiliation  experienced  by  morally  sound  persons  when  they  have 
to  beg  their  living  from  foreign  cliarity  is,  in  the  long  run,  entirely 
lost  by  the  laboring  classes  and  they  cease  to  be  proud  of  being  able 
to  support  their  families  by  their  own  efforts.  The  saying  that  idle- 
ness is  the  beginning  of  vice  is  verified  to  an  enhanced  degree  in  the 
case  of  the  materially  inclined  Belgian  laborer,  end  the  consequences 
are  drunkenness  and  moral  degeneracy  in  wide  circles  of  these  classes 
of  population,  among  whom  family  life  also  incurs  many  dangers. 

All  these  circumstances,  as  well  as  the  gradual  impoverishment  of 
the  laborers'  families,  who  are  able  to  satisfy  only  the  most  necessary 
material  needs  after  consuming  all  their  savings,  must  inevitably  in- 
volve a  weakening  of  the  whole  power  of  the  Belgian  people. 

II. 

Baron  von  Bissing,  Governor  General  of  Belgium,  early  realized 
the  grave  significance  of  this  question  to  the  population  of  the  t'j-ri- 
tciv  under  his  administration,  and  he  consequently  turned  his  whole 
attention  to  it  fiom  the  beginning  of  his  official  activity.  As  far  as 
the  requirements  of  warfare  permitted,  he  encouraged  the  revival  of 
commerce  and  industry  and  favored  every  importation  and  exporta- 
tion that  was  at  all  possible  under  the  British  blockade.  He  also  ex- 
horted the  Belninn  communal  administrations  to  undertake  emergency 
work  that  would  be  of  utility  to  the  general  public,  provided  this 
•vould  not  cause  any  overburdening  of  the  communal  finances.  The 
constantly  increasing  assistance  to  the  unemployed  has  also  been 
the  subject  of  his  unceasing  solicitude,  as  he  had  long  since  recog- 
nized that  such  assistance  would  encourage  aversion  t«  work  and 
thus  enlarge  the  number  of  unemployed.  He  has  therefore  repeatedly 
instructed  the  authorities  under  him  to  see  that  the  help  afforded  un- 
employed did  not  become  an  obstacle  to  their  resumption  of  work,  and 
he  has  also  induced  the  heads  of  the  assistance  committees  to  act 
along  the  same  lines.  ,.    .    ,      , 

By  all  these  measures  it  was  possible  to  limit,  but  by  no  means  re- 
move th--  evil,  for  the  reason  that  the  deeper  cause,  the  British  naval 
blockade  made  its  effects  felt  more  and  more  as  time  went  on.  The 
Governor  General  was  accordingly  obliged,  even  last  year,  to  resort 
to  a  more  powerful  means  in  order  to  counteract  the  increasing  habit 
of  idleness  on  the  part  of  the  people.  ,     .  ,     ,         ..        ,.        , 

At  the  instance  of  shrewd  Belgians,  and  with  the  cooperation  ol 
the  proper  Belgian  Ministry,  he  issued  an  order  m  August,  1915, 
against  shirking  of  labor,  which  order  was  supplemented  and  strength- 
ened in  March  of  this  year.  These  orders  contemplate  a  compulsory 
removal  to  the  places  of  work  only  when  the  laborer  declines  without 
sufficient  grounds  a  job  offered  him  at  appropriate  wages  and  within 
his  capaeitv,  and  in  this  connection  any  ground  of  refusal  based  on 
international  law  is  regarded  as  sufficient.  A  workman  can  accord- 
ingly not  be  forced  to  participate  in  warlike  enterprises.  The  orders 
are  directed  primarily  against  certain  organized  influences  which  wish 


It^   ' 


THE  UNITED  STATES  AND  GERMANY 


267 


to  keep  the  laborers  from  voluntarily  accepting  remunerative  work 
only  because  it  was  offered  by  Germans.  They  are  founded  on  sound 
legislative  considerations,  which  restrict  the  liberty  of  the  individual 
in  the  interest  of  the  general  public. 

The  evil  conditions  which  existed  even  at  the  time  at  issuance  of 
these  orders  having  in  the  course  of  time  become  entirely  intolerable, 
the  orders  are  now  to  be  enforced  more  extensively  than  hitherto.  Be- 
fore they  are  applied,  a  propositioii  is  made  to  the  unemployed  work- 
man that  he  voluntarily  enter  into  an  advantageous  labor  contract, 
and  only  in  case  he  stubbornly  refuses  (usually  as  a  result  of  incite- 
ment) are  forcible  measures  employed.  The  unemployed  who  go  to 
Germany  are  placed  on  an  equal  footing  there  with  the  German  labor- 
ers, and  they  receive  higher  wages  than  were  ever  known  in  Belgium. 
Care  is  taken  to  send  part  of  these  wages  to  the  families  remaining 
behind.  The  laborers  are  likewise  allowed  to  carry  on  correspondence 
by  letter  with  their  families,  and  they  are  granted  leave  to  go  home  at 
ren^lar  intervals.  At  their  request  they  may  even  take  their  families 
with  them  to  Germany.  Provision  is  also  made  for  religious  service  in 
their  mother  tongue. 

III. 

The  great  advantages  which  accrue  to  Belgian  laborers  from  the 
opportunity  thus  offered  them  to  work,  as  compared  with  their 
previous  sorry  plight,  are  so  obvious  that  for  a  year  tens  of  thou- 
sands of  them  have  been  voluntarily  availing  themselves  of  the  offer 
and  have  found  remunerative  labor  in  Gei-many.  Happy  to  have 
escaped  the  misery  caused  by  many  months'  idleness  and  the  humilia- 
tion of  public  assistance,  they  have  been  able  to  restore  their  physical 
and  moral  strength  by  returning  to  their  normal  occupation.  By  the 
labor  of  their  hands  they  can  again  raise  their  families  up  to  a  higher 
standard  economically  and  make  savings  for  the  future.  The  tempo- 
rary transplantation  to  another  home  does  not  frighten  them,  as 
Belgian  laborers  are  used  to  wandering  and  have,  in  time  of  peace, 
often  hired  out  for  work  in  the  southern  industrial  sections  of  the 
country  or  in  Northern  France  for  several  months  for  the  sake  of  a 
much  less  increase  in  wages  than  that  now  offered.  The  transfer  of 
Belgian  laborers  to  Germany  therefore  means  a  considerable  improve- 
ment in  the  situation  of  these  laborers  and  the  abolition  of  condi- 
tions which  have  become  intolerable. 


I? 


Minister  Whitlock  to  the  Secretary  of  State. 

[Extract.] 

American  Legation, 
Brussels,  January  16,  1917. 
Sir  :   .    .    .In  order  fully  to  understand  the  situation  it  is  neces- 
sary to  go  back  to  the  autumn  of  1914.     At  the  time  we  were 
organizing  the  relief  work  the  Comitc  Nationcl — the  Belgian  relief 


268         DIPLOMATIC  CORRESPONDENCE  BETWEEN 


t   < 


..i 

■ 

If   ' 


orf^anization  that  collaborates  with  the  Commission  for  Relief  ia 
Belgium — proposed  an  arrangement  i)y  which  the  Belgian  Government 
should  pay  to  its  own  employees  left  in  Belgium,  and  other  unem- 
ployed men  besides,  the  wages  they  had  been  accustomed  to  receive. 
The  Belgians  wished  to  do  this  both  for  humanitarian  and  patriotic 
purposes;  they  wished  to  provide  the  unemployed  with  the  means  of 
livelihood,  and,  at  the  same  time,  to  prevent  their  working  for  the 
Germans.  The  policy  was  adopted,  and  has  t)een  continued  in  practice, 
and  on  the  rolls  of  the  ComiW  National  have  been  borne  the  names  of 
hundreds  of  thoiisands— some  700,000, 1  believe — of  idle  men  receiving 
this  dole,  distributed  through  the  communes. 

The  presence  of  these  unemployed,  however,  was  a  constant  temp- 
tation to  German  cupidity.  Many  times  they  sought  to  obtain  the 
lists  of  the  chomeura,  but  were  always  foiled  by  the  claim  that  under 
the  guarantees  covering  the  relief  work,  the  records  of  the  Comite 
National  and  its  various  suborganizations  were  immune.  Bather  than 
risk  any  interruption  of  the  ravitaillemetit,  for  which,  while  loath  to 
own  any  obligation  to  America,  the  Germans  have  always  been  grate- 
ful, since  it  has  had  the  effect  of  keeping  the  population  calm,  the 
authorities  never  pressed  the  point  other  than  with  the  Burgomasters 
of  the  Communes.  Finally,  however,  the  military  party,  always 
brutal,  and  with  an  astounding  ignorance  of  public  opinion  and  of 
moral  sentiment,  determined  to  put  these  idle  men  to  work. 

In  Angnst,  von  Hindcnburg  was  appointed  to  the  supreme  com- 
mand. He  is  said  to  have  criticised  von  Bissing's  policy  as  too  mild; 
there  was  a  quarrel ;  von  Bissing  went  to  Berlin  to  protest ;  threatened 
to  resign,  but  did  not.  He  returned,  and  a  German  official  here  said 
that  Belgium  would  now  be  subjected  to  a  more  terrible  regime, 
would  learn  what  war  was.    The  prophecy  has  been  vindicated. 

The  deportations  began  in  October  in  the  Etape,  at  Ghent  and  at 
Bruges.  The  poliiy  spread;  the  rich  industrial  districts  of  Hainaut. 
the  mines  and  steelworks  about  Charleroi  were  next  attacked;  now 
they  are  seizing  men  in  Brabant,  even  in  Brussels,  despite  some  indica- 
tions and  even  predictions  of  the  civil  authorities  that  the  policy  was 
about  to  be  abandoned.  . 

During  the  last  fortnight  men  have  been  impressed  here  in  Brus- 
sels, but  these  seizures  here  are  made  evidently  with  much  greater 
care  than  in  the  provinces,  with  more  regard  for  the  appearances. 
There  was  no  public  announcement  of  the  intention  to  deport,  but 
suddenly  about  ten  days  ago.  certain  men  in  town,  whose  names  are 
on  the  list  of  cliomeurs.  received  summons,  notifying  them  to  report 
at  one  of  the  railway  stations  on  a  given  day ;  penalties  were  fixed  for 
failure  to  respond  to  uie  summons  and  there  was  printed  on  the  card 
an  offer  of  emplojTnent  by  the  German  Government  either  in  Germany 
or  Belgium.  On  the  first  day.  out  of  about  1,500  men  ordered  to 
present'  themselves  at  the  Gare  du  Midi,  about  750  responded.  These 
were  examined  by  German  physicians  and  300  were  tak<n.  There 
was  no  disorder,  a  large  force  of  mounted  Uhlans  keeping  back  the 
crowds  and  barring  access  to  the  station  to  all  but  those  who  had 


THE  UNITED  STATES  AND  GERMANY 


2<59 


been  summoned  to  appear.  The  Commission  for  Relief  in  Belgium 
had  secured  permisnion  to  Rive  each  deported  man  a  loaf  of  bread 
and  some  of  the  communes  provided  warm  clothing  for  those  who 
had  none  and  in  addition  a  small  financial  allowance.  As  by  one 
of  the  ironies  of  life  the  winter  has  been  more  excessively  cold  than 
Belgium  has  ever  known  it  and  while  many  of  those  who  presented 
themselves  wen-  ade<iuatoly  protected  against  the  cold,  many  of  them 
were  without  overcoats.  The  men  shivering  from  cold  and  fear,  the 
parting  from  weeping  wives  and  children,  the  barriers  of  brutal 
Uhlans,  all  this  made  the  scene  a  pitiable  and  distressing  one. 

It  was  understood  that  the  seizures  would  continue  here  in  Brus- 
sels, hut  on  '"'hursdaj  last,  a  bitter  cold  day,  tho.se  that  had  been 
convoked  were  sent  home  without  examination.  It  is  supposed  that 
the  severe  weather  has  moved  the  Germans  to  postpone  the  deporta- 
tions. 

The  rage,  the  terror,  and  the  despair  excited  by  this  measure  all 
over  Belgium  were  beyond  anything  wo  had  witnessed  since  the  day 
the  Germans  poured  into  Brussels.  The  delegates  of  the  Comnii.ssion 
for  Relief  in  Belgium,  returning  to  Brussels,  told  the  most  distress- 
ing stories  of  the  scenes  of  cruelty  and  sorrow  attending  the  seizures. 
And  daily,  hourly  almost,  since  that  time,  appalling  stories  have  been 
related  by  Belgians  coming  to  the  Legation.  It  is  impossible  for  us 
to  verify  them,  first  because  it  is  necessary  for  us  to  exercise  all  pos- 
sible tact  in  dealing  with  the  subject  at  all,  and,  secondly,  because 
there  is  no  means  of  communication  between  the  Occupations  Gabiet 
and  the  Et.ippcn  Gabiet.  Transportation  everywhere  in  Belgium  is 
difiQcult.  the  vicinal  railways  scarcely  operating  any  more  because  of 
the  lack  of  oil,  while  all  the  horses  have  been  taken.  The  people 
who  are  forced  to  go  from  one  village  to  another  must  do  so  on  foot, 
or  in  vans  drawn  by  the  few  miserable  horses  that  are  left.  The 
wagons  of  the  breweries,  the  one  institution  that  the  Germans  have 
scrupulously  respected,  are  hauled  by  oxen. 

The  well-known  tendency  of  sensational  reports  to  exaggerate 
themselves,  especially  in  time  of  war.  nnd  in  a  situation  like  that 
existing  here,  with  no  newspapers  to  serve  as  a  daily  e!o;iring  house  for 
all  the  rumors  that  are  as  avidly  believed  as  they  arc  eagerly  repeated, 
should  of  course  he  considered,  but  even  if  a  modicum  of  all  that  is 
told  is  true,  there  still  remains  enough  to  otamp  this  deed  as  one  of 
the  foulest  that  history  records. 

I  am  constantly  in  receipt  of  reports  from  all  over  Belgium  that 
tend  to  bear  out  the  stories  one  constantly  hears  of  brutality  and 
.  cruelty.  A  number  of  men  sent  back  to  jlons  are  said  to  be  in  a 
dying  condition,  many  of  them  tubercular.  At  Malines  and  at 
Antwerp  returned  men  have  died,  their  friends  asserting  that  they 
have  been  victims  of  neglect  and  cruelty,  of  cold,  of  exposure,  of 
hunger. 

I  have  had  requests  from  the  Burgomasters  of  ten  communes  from 
La  Louviere,  asking  that  permission  be  obtained  to  send  to  the  de- 
ported men  in  Germany  packages  of  food  similar  to  those  that  are 


•if 


% 


iV 
t 


270        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

beiiia  sent  to  priconeni  of  war.  Thus  far  the  Ocman  Authoritiet 
have  refused  to  permit  this  except  in  special  instances,  and  returning 
Belffians  claim  that  even  when  such  packages  are  received  thpy  are 
used  by  the  camp  authorities  only  as  another  means  of  coercing  them 
to  sign  the  agreemonts  to  work.     .  ,       ,      ,  •     ,  ^u  u 

It  is  said  that  in  spite  of  the  liberal  salary  promised  those  who 
would  sign  voluntarily  no  money  has  as  yet  been  received  in  Bel- 
gium from  workmen  in  Germany.  .         »  j 

One  interesting  result  of  tht"  deportations  remains  to  be  noted, 
a  result  that  once  more  places  in  relief  the  German  capacit;  for 
blundering,  almost  as  great  as  the  German  capacity  for  cruelty.  They 
have  dealt  a  mortal  blow  to  any  prospect  they  may  ever  have  had 
of  being  tolerated  bv  the  population  of  Flanders;  m  tearing  away 
from  nearly  every  humble  home  in  the  land,  a  husband  and  a  father 
or  a  son  and  brother,  they  have  lighted  a  fire  of  hatred  that  will 
never  go  out ;  thev  have  brought  home  to  every  heart  in  the  land, 
in  a  way  that  will  impress  its  horror  indelibly  on  the  memory  of 
three  generations,  a  realization  of  what  German  methods  mean,  not, 
as  with  the  early  atrocities  in  the  heat  of  passion  and  the  first  lust 
of  war,  but  by  one  of  these  deeds  that  makes  one  despair  of  the 
future  of  the  human  race,  a  deed  coldly  planned,  studiously  matured, 
and  deliberately  and  systematically  executed,  a  deed  so  cruel  that 
German  soldiers  are  said  to  have  wept  in  its  execution,  and  so 
monstrous  that  even  German  officers  are  now  said  to  be  ashamed. 
I  have,  etc.,  Brand  Whitlock. 


iii 


[Inclosure.] 

REPORT  ON  THE  BEQUtSITlON  OF  BELGIAN  WORKMEN  FROM  MAUNES. 

Dear  Sir:  .  .  ^,  .  ...        . 

I  have  the  honor  to  submit  herewith  a  report  on  the  requisition  ol 
Belgian  workmen  from  Malines,  which  I  witnessed  in  accordance  with 
your  instructions :  .  ,    tw  j 

On  the  afternoon  of  Jan.  4th,  in  company  with  Baron  Ton  der 
Lancken,  Legationsrat  Kaempf,  and  an  officer  of  the  General  Gov.  of 
Occupation,  I  went  to  Malines  to  witness  the  requisition  of  men  to  be 
deported  to  Germany.  The  men  who  were  to  be  examined  came  from 
the  outlying  districts  of  Malines  and  not  from  the  city  proper,  since 
the  latter  had  already  paid  its  toll  of  about  600  men  two  weeks  previ- 
ous. As  the  actual  "process  of  requisitioning  is  one  that  at  present 
takes  three  days  from  the  time  of  the  first  convocation  of  all  adult 
males  to  the  final  deportation  of  the  selected  unemployed,  I  was  able 
to  witness  only  a  small  portion  of  the  procedure.  However,  the  fol- 
lowing is  a  record  of  the  steps  that  had  been  *aken  up  to  the  time  of 
my  arrival  as  told  mc  by  the  underofficer  in  charge  of  the  final  s^ec- 

The  entire  adult  male  population  (between  17-60)  of  the  district 
to  be  picked  over  is  ordered  by  public  notices  to  report  at  specified 


THE  UNITED  STATES  AND  GERMANY 


271 


times,  according  to  the  age  of  the  individual,  at  a  central  station. 
Each  man  must  bear  his  identification  card  and  is  allowed  to  bring 
with  him  any  documentary  evidence  which  can  go  to  prove  that  he  is 
actually  employed  or  unfit  for  hard  labour.  Th'>8e  documents  are  sub- 
mitted to  the  officer  in  charj^e.  After  he  has  examined  them  he  stamps 
the  identification  card  with  one  of  two  stamps.  The  fii-st  indicates  that 
the  man  is  actually  employed  to  the  satisfaction  of  the  officer  (i.e., 
is  a  lawyer,  doctor,  or  professional  with  an  accredited  practice,  or  a 
large  property  owner  or  business  man),  or  that  he  is  obviously  seri- 
ously ill ;  the  second  is  reserved  for  all  others.  Those  who  have  fallen 
under  the  latter  category  must  report  again  the  next  day;  those 
under  the  first  are  exempt,  and  are  no  longer  molested.  On  the  second 
day  the  men  who  have  to  report  a^ain  are  given  two  choices,  that  of 
voluntarily  signing  contracts  of  work  in  Germany  or  of  working  in 
Belgium  for  German  interests  (i.e.,  on  railroads,  loading  and  unload- 
ing cars,  etc.,  etc.).  If  they  refuse  either  of  these  offers  they  are 
marked  for  forced  deportation  to  Germany  on  the  following  day  and 
are  given  the  necessary  orders  as  regards  reporting,  bringing  of 
heavy  extra  clothing,  etc. 

The  procedure  on  the  third  day  was  that  whieh  I  witnessed.  The 
men  had  been  ordered  to  report  at  a  building  about  400  yards  from 
the  railroad  tracks.  Equipped  with  a  large  bundle  containing  e.xtra 
clothing  and  a  new  pair  of  "Sabots"  each  man  was  waiting  his  turn 
to  be  given  a  final  examination.  The  building  was  surrounded  by 
about  50  soldiers  (infantrymen)  and  the  women  and  children  were 
kept  at  a  safe  distance  by  mounted  Uhlans  with  steel-headed  spears, 
perhaps  twenty  in  number.  There  were  no  signs  of  active  disorder, 
but  as  the  crowd  outside  was  continually  pressing  forward  the  Uhlans 
had  to  use  forceful  tactics  to  keep  it  in  place.  However,  I  saw  no  act 
of  violence,  but  only  threatening  motions. 

The  men  entered  the  building  in  single  file  and  passed  between 
examining  officers.  To  them  they  were  allowed  to  make  their  final 
appeal.  They  were  still  in  possession  of  the  papers  thev  had  been  al- 
lowed to  submit  on  the  first  day,  but  these  were  only  cursorily  exam- 
ined. I  watched  two  men  pass  and  heard  their  appeal.  The  first  had 
a  sick  wife  (Medical  certificate)  was  a  pensioned  arsenal  worker  who 
during  the  war  had  been  occupied  in  cultivating  a  small  piece  of  land 
(Burgomaster's  <  •  tificate)  and  who  had  a  son  who  had  been  a  volun- 
tary workman  in  (.lermany  for  two  years.  He  was  his  wife's  only  sup- 
port (i.e.,  His  pension  was).  His  case  was  considered  for  a  moment 
only  and  then  he  was  passed  on  to  go  to  Germany.  The  second  was  also 
a  pensioned  arsenal  worker  but  he  had  six  small  children  (The  oldest 
12  years)  and  had  a  piece  of  land  about  twelve  iiectare  in  size  which 
he  had  been  cultivating.  The  officer  examined  his  case  and  then 
turned  to  me  with  the  remark,  "Of  course  this  man  goes  free."  He 
was  then  led  to  a  side  door  where  his  identification  card  was  stamped 
and  he  was  allowed  to  leave. 

At  this  point  I  began  to  question  the  officer  in  charge  and  the 
officials  who  had  accompanied  me,  with  regard  to  several  general 


Ill  I 


Ill 


DIPLOMATIC  C0ERE8P0NDENCE  BETWEEN 


TOints  on  which  I  wan  rot  clear.  I  asked  how  the  wife  of  the  fl rot  man 
^BH  to  b^  .upported  in  hi«  absence  since  .he  would  natural  y  not  be 
paid  thrpen«ion  which  he  had  received  from  the  Beij.an  Gov  The 
Jmwer  vaH  that  the  German  Gov.  would  take  care  of  her.  «nd  that 
any^av  are  could  support  herself  on  the  earnin«a  that  her  husband 
S  back  from  Germnny.  I  usk.d  what  those  could  amount  to.  The 
Tn"  we?  assured  mc  that  if  he  was  a  good  worker  and  saving  these 
St  bras  great  as  120  Marks  per  month.  I  then  asked  what  h.s 
pay  would  be  if.  as  he  had  previously  done,  ho  refused  to  «,^  a 
voluntary  contract.  No  d.finit..  answer,  in  fact  I  was  told  that  1 
could  Jet  information  of  that  sort  from  Berlin.  1  then  asked  whether 
anv  mo,  ey  hud  as  yet  been  leturned  by  worker  m  Germany,  and 
tas  told  ihat  I  could  ^ct  those  facts  in  Brussels.  (As  yet  I  have  had 
no  evidence  that  any  money  has  been  sent  back.)    I  made  a  final  effort 

0  >^'cure  some  information  about  the  actual  procedure  w'hen  men  once 
arrTved  in  German  v.  and  what  differences  wcr.  made  bet«^n  those 
■  hThnd  "ipned  contracts,  and  those  who  hadut,  but  was  met  with  the 
TesponJe  that  they  had  but  sn.all  knowledge  of  what  happened  to  the 
men  after  thev  were  deported.  j      i.  j  „k,. 

I  then  turned  mv  attention  to  the  second  man  and  asked  why 
hf  had  been  let  off.  All  the  officials  agreed  that  it  was  because  he  had 
£  smiTehSren  dependent  on  him.  I  at  once  asked  if  aeeordmg 
to  what  I  had  just  been  told  it  wo)ild  not  be  better  tor  him  to  be 
dVorted.  aince  he  could  earn  so  much  more  money  m  Germany 
Slight  hesitation,  and  then  the  officials  who  ««'<'°"'P"»^d^  me  agreed 
that  it  would  have  been  better  for  h.m  to  have  K«°^.*"  «  ™  °^'£t 
that  the  officer  in  char  -  was  unusually  kind-hearted  and  had  on  that 
account  let  him  off.    Tin.  latter  officer  made  no  comnient. 

I  now  went  on  to  ...e  rest  of  the  examination.  Lvery  man  who 
claimed  to  be  sick  could  be  examined  by  two  doctors  J«»tP«;['°" 
to  the  moment  that  I  entered  one  man  had  been  freed  because  of 
lube  cu^  and  another  had  been  put  on  the  deported  I'st  beea^ 
instead  of  the  catarrh  from  which  he  was  supposed  to  be  suffering 
he  had  turned  out  to  be  violently  intoxicated.  But  very  few  eh^ 
to  b;>  examined  by  the  doctors  and  of  those  examined  (about  40  in  all 

1  believe)  only  a  few  had  been  frc<>d.  •,      .    *       -j    a^,.  nf 

As  the  men  who  were  finally  selected  passed  out  of  a  side  door  of 
the  building  to  be  led  to  the  waiting  trains,  they  were  relieved  of  all 
papei^  and  their  names  were  put  in  a  book  which  was  to  be  sent  to  the 
prison  camp  for  which  they  were  destined.  I  was  told  that  thow 
Jlpers  were^o  be  carefully  kept  for  future  references  in  ease  a  peti- 
tion for  repatriation  was  made  with  regard  to  any  one  of  ^Je  "nen 

From  the  building  to  the  train  the  men  were  led  in  groups  of  about 
thirtyTnder  heavy  military  escort.  Standing  beside  the  cars  was  a 
m  litar?  field  kitchen  from  which  the  men  were  fed  a  p  ate  apiece  of 
heavy  barley  &  vegetable  soup,  in  which  was  d^^^^'^/.^^y./™" 
pieces  of  meat.  I  tasted  this  soup,  and  it  was  good  On  their  trip 
to  Germany  the  men  were  to  be  fed  a  similar  ration  overy  eight 
hours    provided  the  train  in  which  they  were  ran  according  t» 


THE  UNITED  STATES  AND  GERMANY 


273 


schedule.  The  cari  were  the  ordinary  third-oIsM  rant  and,  at  the  time 
of  my  visit,  were  beinu  heated. 

About  .'100  men  were  taken  in  all.  There  vero  two  interpretera  in 
constant  circulation  unions  them,  whole  chief  fanctiona  were  to  pr»- 
ient  cominff  events  in  a  rony  light  aud  to  try  io  persuade  men  to  niga 
contracts  of  work.  I  was  told  that  if  a  man  at  any  time  changed  his 
mind  he  could  always  sign  a  voluntary  contract.  This  choice  was 
reserved  him  at  all  MtaRcs  of  the  trip  to  Ocrmany  a  ;d  also  at  any 
moment  diirinR  his  conflnement  to  the  prison  camp.  While  I  was 
present  only  one  took  the  alternative.  His  courage  failed  as  he 
was  ahout  to  enter  the  train,  and  he  elected  to  stay  in  Bel^um  and 
work  whinver  the  Ocrmans  assigned  him. 

The  above  statements  arc  merely  a  literal  presentation  of  the  facta 
of  one  part  of  a  small  requisition.  From  reports  received  through 
other  sources  it  is  quite  evident  that  this  requisition  was  verj-  ex- 
ceptionally well  conducted.  Not  a  single  man  bearing  a  card  from 
the  i\  U.  IJ.  was  taken  and.  on  the  whole,  there  were  very  few  com- 
plaints and  protests.  Whether  the  orderliness  and  thoroughness  were 
especially  f)rovided  for  this  occasion,  or  whether  the  policy  of  deporta- 
tions is  to  be  actually  limited  tc  the  unemployed,  remains  to  be  seen. 
At  lesist  it  would  seem  as  though  the  seven  second  examination  per 
man  were  to  be  abolished  for  a  more  thorough  procedure.  .    .   . 


Minister  Whitlock  to  the  Secrttarij  nf  State. 

American  Legation, 
Brussrls,  Jamtarn  17.  1917. 

S'B:  With  reference  to  my  telegram  of  the  1.3th  instant.  No.  32,' 
regurdins;  the  deportation  of  Belgians  from  the  city  of  Brussels,  I 
have  the  honor  to  .state  that  summonses  to  appear  for  examination 
are  now  being  sent  out  by  the  German  authorities,  directing  the  men 
to  appear  on  Saturday,  the  20th  instant,  at  the  Garc  du  Midi. 

The  method  of  summoning  the  men  is  different  from  that  em- 
ployed hitherto,  and  indicates  greater  care  in  preparation.  No  an- 
nouncements have  been  posted  on  tlic  city  walls;  persons  whom  it  is 
desired  to  examine  are  summoned  individually  by  post  card,  and  are 
at  the  same  time  advised  as  to  the  punishment  to  which  they  will  ex- 
pose themselves  if  they  do  not  reply  to  the  summons,  the  preparatory 
measures  which  they  should  take  in  view  of  a  passible  deportation,  and 
the  bureau  to  which  they  should  apply  in  the  event  of  their  volun- 
tary inscription  for  work  in  lieu  of  deportation. 

A  copy  and  trauiilation  of  this  post  card  of  notification  are  inclosed 
herewith. 

I  have,  etc.,  Brand  Whitlock. 

'  Not  printed. 


It 


274         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

[Inclonurc — TrantUtion.] 

BnrwtELa  [date  of  the  poatmark]. 

IMPHIIAL  OtKMAN  COfcUANDANTTTR: 

You  are  summoned  to  prwient  yountelf  on at  8  a.  m.  at  the 

SouthiTn  Railway  Station  (entramr  from  the  Rue  de  France). 

In  the  event  "that  you  should  not  obey  the  prewnt  summona,  you 
would  be  deported  at  onee  by  foree;  furthermore,  you  would  be 
liable  to  a  ncntencf  of  a  maximum  imprinonment  for  three  months,  or 
of  a  tine  not  exeeedinR  1,000  Markn.  ,        ,    . 

Ah  it  in  poatiiblc  that  you  may  be  wnt  to  n  plnee  of  work  and  that 
in  such  case  you  would  not  have  further  oceanioii  to  jjet  into  com- 
munication with  the  mcmberH  of  your  family,  you  an-  advised  to 
providf  youraelf  with  a  blanket,  with  winter  clothing,  linen,  and  good 
boots 

Whoever  signs  a  contract  at  the  "Bu."a>i  dc  I'lndustrie."  Rue 
Murie  Thercsc.  G4,  is  ofTcred  work  either  in  (Germany  or  in  Belgium 
on  very  advantageous  conditions,  and  need  not  pn-seut  himself  et  the 
atatioii. 

[SEAL.]  Count  Von  Hoden, 

Colonel  and  Commandant. 

The  present  summons  is  to  be  exhibited. 


r-' ! 


Part  XXII. 

PEACE  OVERTURES  OF  THE  <  ENTRAL  POWERS  AND 
REPLY  OF  ENTENTE  POWERS. 


Charge  Grew  to  the  Secretary  of  State} 

[Telegram.] 

American  Embassy, 
Berlin,  Dccnnber  12,  1916. 
Following  is  the  official  French  translation  of  the  peace  communi- 
cation handed  to  me  by  the  Chancellor  this  morning,  which  I  am  now 
able  to  telegraph  en  clair,  aa  the  exact  text  has  now  been  published. 

Berlin,  De<  ember  12,  1916. 
"Mr.  Charok  d'affaires:  The  most  formidable  war  known  to 
history  has  been  ravaging  for  two  and  a  half  years  a  great  part  of 
the  world.    That  catastrophe,  that  the  bonds  of  a  common  civilization 

•  Identic   notes   were   received   from   the   Governm<'nt9   of    Austria-Hungary , 
Turkey,  and  Bulgaria. 


THE  UNITED  STATES  AND  GERMANY  275 

more  than  a  thouaand  yoars  old  could  not  ate. .  atiikea  maukind  in 

lh.Tnr.i''!^i*'"l'""T'*"*''  **  ♦hreatena  to  bury  under  itn  ruin, 
the  moral  and  phyaical  progreaa  on  which  Europe  prided  itaelf  at 
^LtaVJ  the  twentieth  century.  In  that  atrife  Oennany  and  her 
allic»-.  uatnallnnnary,  Bulgaria,  and  Turkey-have  given  proof  of 

Trm-  TK  """''"''"I'.'*'  '"'«'■'  '•.««»•<  ecaseleas  attacks  of  their  enemiea' 
arma.     The  riH-ei.t  diveraion  m  the  Balkans  wa»  stieedily  and  vie- 

contZi;-"'''T';K  ^^'  '"'""'  ^"^"'"  »"'^"  d^-trated  that  a 
continuation  of  the  war  cunnot  break  their  resisting  power  The 
generaUmiation  much  rather  juatifles  their  hope  of  frrsh  auorcrwes 
It  waH  for  the  d.fenw  of  their  exiat.-nee  and  freedom  of  their  natS 
development  that  the  four  Allied  Powers  were  conntraincd  to  Uke 
up  arniH  The  exploita  of  their  armies  have  brought  no  rh«n« 
therein  Not  for  an  instant  have  they  «w.  rved  from^hc  conrS 
that  the  respect  of  the  rights  of  the  other  nations  i,  not  in  anv 
degree  ineompatiblo  with  their  own  rights  and  legitimate  intwiS 
Jf  ?hel"n"T/"''  *",""'''  "'•. annihilate  their  adversaries.  roSS 
^L  ?/»».'""■•''  e"'^,^*^™°'««',-trength  and  ready  to  carry  on  to  the 
mat;.,    a    .7  "'"''•  r"  "truwle  that  ia  forced  upon  them,  bnt  ant 

tTbrfn^  fh  hf ""  ""*"'  ^^'  ^*"'  '^•'-''■*'  ^"  '^t^'"'  ^^"  '''oo^  "'  Wood  and 
In  ;.nw  ^  horrora  of  war  to  an  end,  the  four  Allied  Powers  propose 
to  enter  even  now  into  peace  negotiations.    Thev  feel  sure  that  th^ 

traa:ureT/'''t''  '^''',  """''^  ''V"^  ^""^"''l  anVwhich  wonld  al 
»„f,M  r  ^''^  •'»"'t"»''e-  I'onor.  and  free  development  of  their  peopleT 
would  be  such  as  to  serve  aa  a  basi.  for  the  lestoiation  of  a  lastiS 

^rm^nS":  jhirr°'^^"'^-  "-'^-^  ^^y^^^s^ 

"The  Imporial  Government  has  the  honor  to  ask  through  vonr 
to  trZmit'^n'''  Government  of  the  United  States  to  be  pleised 
pJ«o\  p  i  M-  ""^""int  communication  to  the  Government  of  the 
French  Republic,  ,    the  Royal  Government  of  Great  Britain    to  the 

mSia"  o^r"T  "•'"*•  fn^^'P''"'  *"  '^'  «''>•«'  Oovernm  n  "of  Roa! 
Governmeni'^f'S™'  ^""^""^"^  °'  «"^^'"-  ^"^  »"  '"^^  «°^»^ 

the'alijro/'SnSr^oli^Sr/^^-  ''^-  ^^-«^  ^'Affaire. 

To  Mr.  Joseph  Clark  Grew.  "*>-.»«.«. 

"Chany  d'Affaires  of  the 

"United  States  of  America." 

GBffW. 


iii^ 


w 


I    M 


1 


#- 


r' ) 


1^ 

!'' ' 

h 


276        DIPLOMATIC  CORBESPONDENCE  BETWEEN 
The  Secretary  of  State  to  Ambassador  W.  H.  Page.' 
[Telegram.] 

Department  op  State, 
Washington,  December  16,  1916. 
The  American  miBsions  at  Berlin,  Vienna,  Constantinople,  and 
Sofia  have  received  from  the  Governments  of  Ge""*"^'  ^^1^  "!^ 
Hungary-,  Turkey,  and  Bulgaria,  respectively,  identic  notes  for  trans- 
miasion  to  the  Entente  Powers.  The  note  from  the  German  Govern- 
ment, which  has  been  received  in  the  English  language,  reads  as 

The"  original  texts  of  these  notes  will  be  forwarded  as  soon  as 
received  by  this  Government.  ,    ■      .     •        «  „    -„ 

In  bringing  this  note  to  the  attention  of  the  foreign  office    as 
requested,  intimate  quite  explicitly  that,  while  you  are  submitting 
it  on  behalf  of  the  respective  Governments  only  and  in  no  sense  as 
She  ^pSntative  of  the  Government  of  the  United  States,  th^  Gov- 
ernment is  deeply  interested  in  the  result  of  these  unexpected  over- 
tures, would  deeply  appreciate  a  confidential  intimation  of  the  char- 
acter  and  purpose  of  the  response  that  will  be  made,  and  will  itse  £ 
presently  have  certain  very  earnest  representations  to  make  9°  beha^J 
of  the  manifest  interests  of  neutral  nations  and  of  humanity  itseU 
to  which  it  will  ask  that  very  serious  consideration  be  given.    It  doM 
not  make  these  representations  now  because  it  does  not  wish  to 
connect  them  with  the  propused  overtures  or  have  *!>««»  ^^onstruedm. 
any  way  as  an  attempt  at  mediation,  notwithstanding  the  fact  that 
these  overtures  afford  an  admirable  occasion  for  their  consideration^ 
The  Government  of  the  United  States  had  it  in  mind  to  make  them 
entirely  on  its  own  initiative  and  before  it  had  any  knowledge  of  the 
present  attitude  or  suggestions  of  the  Central  Governments     It  wiU 
make  the  same  representations  to  the  Governments  of  the  Central 
Powers  and  wishes  to  make  them  almost  immediately,  if  neccMary, 
but  not  as  associated  with  the  overtures  of  cither  group  of  belliger- 
ents.   The  present  overtures  have  created  an  unexpected  oPPor™n«y 
for  looking  at  the  world's  case  as  a  whole,  but  the  United  Stat^ 
would  have  itself  created  the  occasion  had  it  fallen  out  otherwise. 

uAa  Sir*  u* 

>  Same  to  American  EmbasBie*  at  Paris.  Petrograd.  Rome  and  Tokio;  Ameri- 
can liations  at   Bucharest  an.l   BclKrade;   and  Am.rican  Consulate  at  Havre. 
'  For  Uxt,  see  tupra,  telegram  from  Charge  Crew,  p.  274. 


THE  UNITED  STATES  AND  GERJIANY 


277 


Ambassador  Sharp  to  the  Secretary  of  State. 

[Telegram — Paraphrase.] 

American  Embassy, 
Paris,  December  29,  1916. 
Mr.  Sharp  reports  receipt  from  French  Poreifni  Office  of  reply 
of  Allied  Governments  to  proposal  of  Central  Powers  transmitted 
in  Department's  telegram  of  December  16,  1916. 

Transla'i "  ^a  of  reply  of  Allied  Governments  is  as  follows ; 

"The  Allied  Governments  of  Belgium,  France,  Great  Britain, 
Italy,  Japan,  Montenegro,  Portugal,  Roumania,  Russia,  and  Servia, 
unitedly  in  the  defense  of  the  liberty  of  nations  and  faithful  to  the 
engagement  they  have  taken  not  to  lay  down  arms  separately,  have 
resolved  to  answer  collectively  the  so-called  proposals  of  peace  which 
have  been  addressed  them  on  behalf  of  the  enemy  Governments, 
through  the  intermediary  of  the  United  States,  of  Spain,  of  Switzer- 
land, and  of  the  Netherlands. 

"The  Allied  Powers  are  constrained  to  preface  their  answer  by 
protesting  strongly  against  the  two  essential  assertions  in  the  note 
of  the  enemy  powers,  which  attempts  to  throw  upon  the  Allies  the 
responsibility  of  the  war  and  which  proclaims  the  victory  of  the 
Central  Powers. 

"The  Allies  cannot  admit  an  assertion  which  is  doubly  inexact  and 
which  is  sufficient  to  render  barren  any  attempt  at  negotiation. 

"For  thirty  months  the  Allied  Powers  have  suffered  a  war  which 
they  had  tried  by  every  means  to  avoid.  They  have  demonstrated 
their  attachment  to  peace  by  their  acts.  This  attachment  is  as  strong 
to-day  as  it  was  in  1914 ;  after  the  violation  of  her  engagements,  it  is 
not  upon  the  word  of  Germany  that  peace,  broken  by  her,  can  be 
based. 

"A  suggestion  without  any  conditions  for  initiating  negotiations 
is  not  an  offer  of  peace.  The  so-called  proposal,  devoid  of  substance 
and  of  precision,  circulated  abroad  by  the  Imperial  Government, 
appears  less  as  an  offer  of  peace  than  as  a  maneuver  of  war. 

"It  is  based  upon  a  systematic  disregard  of  the  nature  of  the 
struggle  of  the  past,  present,  and  future. 

"As  to  the  past,  the  German  note  ignores  all  the  facts,  dates, 
and  figures  which  prove  that  the  war  was  desired,  incited,  and 
declared  by  Germany  and  Austria-Hungary.  At  The  Hague  it  was 
the  German  delegate  who  rejected  all  suggestion  of  disarmament. 
In  July,  1914,  it  was  Austria-Hungary  who,  after  having  addressed 
to  Servia  an  ultimatum,  of  which  there  exists  no  precedent,  declared 
war  on  her  despite  the  satisfaction  immediately  obtained.  The  Cen- 
tral Empires  thereafter  repulsed  every  attempt  made  by  the  Entente 
to  bring  about  a  pacific  solution  to  what  was  a  local  conflict.  Eng- 
land's offer  of  a  conference,  the  French  proposal  of  an  international 
commission,  the  request  for  arbitration  addressed  by  the  Emperor 


ii 


31 


Ii 


i.*: 


l*i 


\: 


n 


lil! 


278        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

A*  nnnsia  to  the  Emperor  of  Germany,  the  understanding  reached 
StSeerRSaia  and  Austria-Hnngary  on  the  eve  of  hostU.ties;  a 
Se^  endears  were  left  by  Germany  without  answer  and  without 
S  BeSm  was  invad^  by  an  empire  which  had  fuaran  eed 
hTnentrality  and  which  itself  unhesitatingly  proclaimed  that 
matres  are  'mere  scraps  of  paper'  and  that  'necesaity  knows  no 

^"''•'As  regards  the  present,  the  so-styled  offers  of  Germany  are 
based  upon  a  'war  maj'  which  covers  Europe  alone;  which  expre«^9 
oS  the  exterior  and  transitory  aspect  of  the  situation  but  not  the 
S  strength  of  the  adversaries.  To  conclude  a  peace  based  on  the 
Sve  would  be  to  the  sole  advantage  of  the  aggre^ors,  ^ho,  having 
Eed  they  could  attain  their  object  in  two  months  perceive  after 
two  years  that  it  will  never  be  attained. 

"For  the  future,  the  ruins  caused  by  the  German  declaration  of 
war,  the  innumerable  aggressions  committed  by  Germany  and  her 
allies  against  the  belligerents  and  against  neutrals  demand  penalties, 
reparations,  and  guarantees;  Germany  eludes  one  and  all. 

"In  reality,  the  overture  made  by  the  Central  Powers  is  but 
an  attempt  calculated  to  work  upon  the  evolution  of  the  war  and 
of  finally  imposing  a  German  peace.  _       . 

"It  has  for  its  object  the  troubling  of  opinion  in  the  Allied 
countries;  this  opinion,  in  spite  of  all  the  sacrifices  endured  has 
already  replied  with  an  admirable  firmness  and  has  denounced  the 
hoUowness  of  the  enemy  declaration.  j  ^       _^ 

"It  desires  to  strengthen  public  opinion  in  Germany  and  Amongst 
her  allies  already  so  gravely  shaken  by  their  losses,  fatigued  by  the 
economic  encirclement,  and  crushed  by  the  supreme  effort  which 
is  exacted  from  their  peoples.  ,   . 

"It  seeks  to  deceive,  to  intimidate  public  opinion  of  neutral  coun- 
tries long  ago  satisfied  as  to  the  original  responsibilities,  enlightened 
as  to  the  present  responsibilities,  and  too  farseeing  to  fa^'or  the 
designs  of  Germany  by  abandoning  the  defense  of  human  liberties. 

"It  strives  finally  to  justify  new  crimes  in  advance  before  the 
eyes  of  the  world;  submarine  warfare,  deportations,  forced  labor, 
and  enlistment  of  nationals  against  their  own  country,  violation  of 

Hdltl'fllltV 

"It  is  with  a  full  realization  of  the  gravity,  but  also  of  the  nece^ 
siti-^s  of  this  hour  that  the  Allied  Governments  closely  united  and 
in  perfect  communion  with  their  peoples  refuse  to  entertain  a  pro- 
posal without  sincerity  and  without  import. 

"They  affirm,  once  again,  that  no  peace  is  possible  as  long  as 
the  reparation  of  violated  rights  and  liberties,  the  acknowledgment 
of  the  principle  of  nationalities  and  of  the  free  existence  of  small 
states  shall  not  be  assured;  as  long  as  there  is  no  assurance  of  a 
settlement  to  suppress  definitely  the  causes  which  for  so  long  a 
time  have  menaced  nations  and  to  give  the  only  efficacious  guaran- 
tees for  the  Bceurity  of  the  world. 

"The  Allied  Powers,  in  termination,  are  constrained  to  expose  the 


THE  UNITED  STATES  AND  GERMANY 


279 


following  considerations  which  bring  into  relief  the  particular  sitna- 
tion  in  which  Belgium  finds  herself  after  two  and  a  half  years  of 
war.  By  virtue  of  international  treaties  signed  by  five  of  the  great 
powers  of  Europe,  amongst  which  figured  Germany,  Belgium  profited 
by  a  special  statute  which  rendered  her  territory  inviolate,  and 
placed  the  country  itself  under  the  guarantee  of  these  powers, 
sheltered  from  European  conflicts.  Nevertheless  Belgium,  despite 
these  treaties,  was  the  first  to  suffer  the  aggression  of  Germany. 
It  is  why  the  Belgian  Government  deems  it  necessary  to  specify  the 
purpose  which  Belgium  has  never  ceased  to  pursue  in  fighting,  beside 
the  powers  of  the  Entente  for  the  cause  of  right  and  justice. 

"Belgium  has  always  scrupulously  observed  the  duties  imposed 
upon  her  by  neutrality.  She  took  arms  to  defend  her  independence 
and  her  neutrality  violated  by  Germany  and  to  remain  faithful  to 
her  international  obligations.  On  the  fourth  of  August  at  the 
Reichstag  the  Chancellor  acknowledged  that  this  aggression  consti- 
tuted an  injustice  contrary  to  the  right  of  ^lations  and  agreed  in 
the  name  of  Germany  to  repair  it. 

"After  two  and  a  half  years  this  injustice  has  been  cruelly  aggra- 
vated by  the  practice  of  war  and  occupation  which  have  exhausted 
the  resources  of  the  country,  ruined  its  industries,  devastated  its 
cities  and  villages,  multiplied  the  massacres,  the  executions,  and 
imprisonments.  And  at  the  moment  that  Germany  speaks  to  the 
world  of  peace  and  humanity  she  deports  ana  reduces  to  servitude. 
Belgium  before  the  war  had  no  other  wish  than  to  live  in  concord 
with  all  her  neighbors.  Her  King  and  her  Government  have  only 
one  purpose:  the  reestablishment  of  peace  and  of  right.  But  they 
will  only  consider  a  peace  which  Belgian  citizens  by  the  thousand 
(demandt)  assures  to  their  country  legitimate  reparation,  guaran- 
tees and  security  for  the  future." 

Sharp. 


The  Secretary  of  State  to  Ambassador  Oerard.' 

[Telegram.] 

Department  op  State, 
Washington,  January  2,  1917. 
This  Government  has  received  the  following  translation  of  the 
note  of  the  Entente  Powers  replying  to  the  overtures  of  the  Central 
Powers.  Please  deliver  this  note  to  the  Government  to  which  you 
are  accredited,  with  the  statement  that  the  French  text  is  being 
forwarded  directly  to  you  by  the  American  Embassy,  Paris,  and 
that  it  will  be  delivered  upon  receipt :  * 

Lansing. 

'  Same  to  American  Embagsies  at  Vienna  and  Conitantinople  and  Ameri.'an 
Legation  at  Sofia. 

'  For  text,  aee  tupra,  tekgram  from  Ambaseador  Sharp,  p.  277. 


Hi 


■% 


ii 


W 


¥   ■ 


m 


lU'. 


280         DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Amhasiador  Oerard  to  the  Secretary  of  State. 

\  Telegram — Paraphrase.  ] 

American  Embassy, 
Berlin,  January  12.  1917 
Mr.  Gerard  reports  receipt  of  note  from  German  Foreign  Office 
as  follows: 

"Through  the  medium  of  the  Government  of  the  United  States, 
the  Royal  Government  of  Spain,  and  the  Swiss  Federal  Government, 
the  Imperial  and  Royal  Government  has  received  its  adversaries' 
reply  to  the  note  of  December  12  in  which  Germany,  in  accord  with 
its  allies,  proposed  an  early  npening  of  peace  negotiations.  The 
adversaries  reject  the  proposal  under  pretense  that  it  is  insincere 
and  meaningless.  The  form  in  which  they  put  their  refusal  excludes 
any  idea  of  a  reply. 

"The  Imperial  Government  nevertheless  wishes  to  make  known 
to  the  Governments  of  the  neutral  powers  its  view  of  the  situation. 
The  Central  Powers  have  no  occasion  to  revert  to  the  discussions 
as  to  the  origin  of  the  world  war.  It  is  for  history  to  pass  jude- 
ment  on  the  monstrous  responsibility  for  the  conflict.  Its  verdict 
will  not  any  more  leave  out  of  consideration  the  encircling  policy  of 
Great  Britain,  the  revengeful  policy  of  France,  the  yearning  of 
Russia  for  Constantinople  than  the  provocation  from  Servia,  the 
Serajevo  assassination,  and  the  general  Russian  mobilization  which 
meant  war  with  Germany. 

"Germany  and  its  allies  having  been  compelled  to  take  up  arms 
in  the  defense  of  their  freedom  and  existence  consider  they  hfive 
accomplished  that  end  of  their  efforts.  On  the  other  hand,  the  enamy 
powers  have  drifted  farther  and  farther  away  from  the  achievement 
of  their  plans,  which,  according  to  t\w  statements  of  their  respon- 
sible statesmen,  aimed,  among  other  things,  at  the  conquest  of  Alsace- 
Lorraine  and  of  several  Prussian  provinces,  the  humiliation  and  cur- 
tailment of  the  Austro-Hungarian  Monarchy,  the  partition  of  Turkey, 
and  the  mutilation  of  Bulgaria.  Such  demands  give  at  least  a  strange 
sound  to  the  pretension  of  sanction,  repatriation,  and  guaranty  in 
the  mouths  of  our  adversaries. 

"Our  adversaries  call  the  peace  proposal  of  the  four  allied  powers 
a  war  maneuver.  Germany  and  its  alliosi  must  enter  the  most 
emphatic  protest  against  so  false  ni.  interpretation  of  the  motives 
for  their  step  which  they  have  openly  disclosed.  They  were  con- 
vinced that  a  just  peace,  acceptable  to  all  the  belligerents,  is  feasible ; 
that  it  can  l)c  attained  throngh  an  immediate  oral  exchange  of  views 
and  that  therefore  further  bloodshed  is  indefensible.  The  fact  that 
they  have  unreservedly  ^hown  their  readiness  to  make  known  their 
peace  proposals  as  soon  its  the  negotiations  were  opened  disposes  of 
any  doubt  as  to  their  sincerity.  The  adversaries  who  were  given 
the  opportunity  to  examine  the  value  of  that  offer  neither  attempted 


THE  UNITED  STATES  AND  GERMANY  281 

to  do  80  nor  offered  counter  proposals.  Instead,  they  declare  any 
peace  to  be  impossible  as  long  as  they  are  not  assured  reparation 
for  invaded  rights  and  freedoms,  acknowledgment  of  the  principle 
of  nationalities  and  the  free  existence  of  small  States.  The  sincerity 
which  our  adversaries  will  not  acknowledge  in  the  four  allied  powers' 
proposal  can  hardly  be  conceded  to  those  demands  by  the  world  when 
it  recalls  the  fate  of  the  Irish  people,  the  obliteration  of  the  freedom 
and  independence  of  the  South  African  Republics,  the  conquest  of 
North  Africa  by  Great  Britain,  France,  and  Italy,  the  oppression 
of  foreign  nationalities  by  Russia,  and,  lastly,  the  act  unprecedented 
in  history  which  is  constituted  by  the  violence  brought  to  bear  on 
Greece. 

"Likewise  it  ill  becomes  those  powers  to  complain  of  alleged 
violations  of  international  law  by  the  four  allied  powers,  as  they 
themselves  have  since  the  beginning  of  the  war  trampled  the  law 
under  foot  and  torn  the  treaties  upon  which  the  law  rests.  In  the 
early  weeks  following  the  opening  of  hostilities  Great  Britain  dis- 
owned Its  adhesion  to  the  Declaration  of  London  and  yet  the  text 
had  been  acknowledged  by  its  own  delegates  to  be  conformable  to 
the  law  of  nations,  and,  as  such,  valid.  In  the  course  of  the  war 
u  .Iso  violated  in  the  most  grave  manner  the  Declaration  of  Paris, 
so  that  its  arbitrary  measures  have  created  in  the  conduct  of  mari- 
time warfare  the  state  of  illegality  that  now  exists.  The  attempt  to 
overcome  Germany  by  8tarvj<tion  and  the  pressure  exercised  on  the 
neutrals  in  the  interest  of  Great  Britain  are  at  equally  flagrant  vari- 
ance with  the  rules  of  international  laws  and  the  laws  of  humanity. 
Another  infringement  of  the  law  of  nations  that  cannot  be  reconciled 
with  the  principles  of  civilization  is  the  use  of  colored  troops  as 
also  IS  the  transfer  of  war  in  violation  of  existing  treaties  the  eflPect 
oi'  which  cannot  bat  destroy  the  prestige  of  the  white  race  in  those 
countries.  The  inhuman  treatment  of  prisoners,  especially  in  Africa 
and  Russia,  the  deportation  of  the  civilian  population  of  East  Prus- 
sia, of  Alsace-Lorraine,  Galieia,  and  Bukowina  are  as  many  further 
proofs  of  the  manner  in  which  our  adversaries  undei-stand  the  respect 
of  law  and  civilization. 

"Our  adversaries  close  their  note  of  December  30  with  a  state- 
ment laying  stress  on  the  peculiar  situation  in  Bt  '-"-m.  The  Imperial 
Government  is  unable  to  admit  that  the  B.lgian  vernment  always 
observed  the  duties  imposed  upon  it  by  its  neutri.uty  toward  Great 
Britain.  Belgium  applied  in  a  military  sense  to  that  power  and  to 
Prance,  thus  violating  the  spirit  of  the  treaties  intended  to  guarantee 
its  independence  and  neutrality.  Twice  did  the  Imperial  Govern- 
ment declare  to  the  Belgian  Government  that  it  was  not  coming  to 
Belgium  as  an  enemy,  and  begged  it  to  spare  its  country  the  horrors 
of  war.  It  offered  in  that  case  to  guarantee  in  their  entirety  the 
territory  and  independence  of  the  kingdom  of  Belgium  and  to  make 
good  all  damage  that  the  pa.ssing  of  German  troops  might  cause. 
It  IS  known  that  in  1887  the  British  Royal  Government  had  resolved 
not  to  oppose  a  claim  to  the  right  of  way  in  Belgium  under  those 


Mil- 

w 


i  ' 

f 


282        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

conditions.  The  Belgian  Government  refused  the  reiterated  offer  of 
the  Imperial  Government.  The  responsibility  for  the  fate  that  befell 
Belgium  rests  upon  its  Government  and  the  powers  which  drew  it 
into  that  attitude.  The  Imperial  Government  repeatedly  repelled 
as  groundless  the  charges  brought  against  the  conduct  of  the  war 
in  Belgium  and  against  the  measures  there  taken  in  the  interest  of 
military  safety.  It  again  enters  an  energetic  protest  against  those 
calumnies. 

"Germany  and  its  allies  have  made  a  genuine  attempt  with  a 
view  to  bringing  the  war  to  an  end  and  opening  the  way  for  an 
understanding  among  the  belligerents.  The  Imperial  Government 
lays  down  as  a  fact  that  the  question  as  to  whether  or  not  that  way 
would  be  entered,  leading  to  peace,  solely  depended  on  the  decision 
of  •  versary.  The  enemy  Governments  declined  to  do  so,  upon 
them  rests  the  whole  responsibility  for  further  bloodshed.  The  four 
allied  powers  in  their  calm  conviction  that  they  are  in  the  right 
will  carry  on  the  struggle  until  they  win  a  peace  that  will  guaran- 
tee to  their  peoples  honor,  existence,  and  free  development,  and  at 
the  same  time  insure  for  all  the  States  in  the  European  Continent 
the  beneficent  possibility  of  cooperating  in  mutual  esteem  and  on 
a  perfectly  equal  footing  toward  the  solution  of  the  great  problems 

of  civilization." 

Gerabd. 


^'^ 


ii 


AmhasMdor  Penficld  to  the  Secretary  of  State. 

[Telegram — Paraphrase.] 

American  Eubasst, 
Vienna,  January  12,  1917. 
Mr.  Pcnfield  reports  receipt  of  a  note  from  the  Austro-Hungarian 
Minister  of  Foreign  Affairs  as  follows: 

"The  Imperial  and  Roj-al  Government  had  on  the  fifth  instant 
the  honor  to  receive  through  the  obliging  medium  of  the  Govern- 
ment of  the  United  States  of  America  the  reply  of  the  States  at  war 
with  it  to  its  note  of  December  twelfth,  in  which  the  Imperial  and 
Royal  Government  in  concert  with  its  allies  declared  its  readiness 
to  enter  upon  peace  negotiations.  Jointly  with  the  allied  powers  the 
Imperial  and  Royal  Government  did  not  fail  to  subject  the  reply 
of  the  enemy  Governments  to  a  thorough  examination  which  brought 
the  following  result. 

"Under  pretense  that  the  proposal  of  the  four  allied  powers  lacked 
sincerity  and  importance  the  enemy  Governments  decline  to  accede 
to  the  proposal.  The  form  they  gave  to  their  communication  makes 
it  impossible  to  return  an  answer  addressed  to  them.    The  Imperial 


THE  UNITED  STATES  AND  GERMANY 


283 


and  Royal  Government  nevcrthclcM  wishes  to  disclose  its  views  to 
the  neutral  powers. 

"The  reply  of  the  enemy  Governments  jVuns  every  discussion  of 
the  means  to  bring  the  war  to  an  end.  It  confines  itself  to  reverting 
to  the  facts  anterior  to  the  war,  to  the  alleged  strength  of  their  mili- 
tary situation,  and  to  the  motives  for  the  peace  proposal  as  supposed 
by  them.  *^*^ 

"The  Imperial  and  Royal  Government  has  no  present  intention 
to  launch  into  a  renewed  discussion  of  the  antecedents  of  the  war, 
for  It  is  convinced  that  a  straightforward,  impartial  judgment  has 
already  and  irrefutably  established,  in  the  eye  of  all  mankind  on 
which  side  lies  the  responsibility  for  the  war.  With  particular 
reference  to  Austria-Hungary's  ultimatum  to  Servia,  the  Monarchy 
has  given  in  the  years  that  preceded  that  step  sufficient  evidence  of 
her  forbearance  in  the  face  of  the  tendencies  and  hostile  and  aggres- 
sive doings  of  Servia  which  were  growing  worse  and  worse  up  to 
the  time  when  the  infamous  Sarajevo  assassination  put  any  further 
leniency  out  of  the  questicii. 

"Likewise  any  discussion  of  the  point  of  determining  which  side 
the  advantage  lay  in  regard  to  the  military  situation  seems  idle, 
as  the  answer  to  that  question  may  unhesitatingly  be  left  with  public 
opinion  throughout  the  world.  Besides  a  comparison  of  the  ends 
sought  by  the  two  groups  in  the  present  conflagration  implies  the 
solution  of  that  question.  While  Austria-Hungary  and  its  allies 
from  the  beginning  of  the  war,  never  aimed  at  territorial  conquest 
but  rather  at  their  defense,  the  contrary  stands  true  for  the  enemy 
States  which,  to  mention  but  a  few  of  the  objects  they  harbor  in  this 
V  ,r,  crave  the  annihilation  and  spoliation  of  the  Austro-Hungarian 
^lonarchy,  the  conquest  of  Alsace-Lorraine  as  also  the  partition  of 
Turkey  and  the  curtailment  of  Bulgaria.  The  four  Allied  Powers 
therefore  may  consider  they  have  achieved  the  purely  defensive  ends 
they  fieek  in  that  war  while  their  adversaries  are  more  and  more 
removed  from  the  accomplishment  of  their  designs. 

"If  the  enemy  Governments  term  'strategem'  the  proposal  of 
the  four  Allied  Powers  which  is  said  to  lack  sincerity  and  importance, 
It  IS  clear  that  we  have  here  but  an  absolutely  arbitrary  assertion 
of  a  biased  judgment  incapable  of  proof  as  long  as  the  peace  nego- 
tiations have  not  begun  and  consequently  our  peace  terms  are  not 
known. 

"The  Imperial  and  Royal  Government  and  the  Governments  of 
the  Allied  Powers  acted  in  perfect  sincerity  and  good  faith  when 
they  proposed  peace  negotiations  for  they  had  to  reckon  with  the 
contingency  of  their  explicit  proposal  to  make  their  terms  known 
immediately  upon  the  opening  of  the  negotiations  being  accepted. 
On  the  contrary  the  adversaries  were  those  who.  without  offering 
any  counter  proposal,  declined  to  acquaint  themselves  with  the  con- 
tents of  the  proposal  of  the  four  Allied  Powers.  If  the  adversaries 
de'  _jove  all  the  restoration  of  invaded  rights  and  liberties, 

the  recognition  of  the  principle  of  nationalities  and  of  the  free  exist- 


!    i 


);.: 


284         DIPLOMATIC  COBRESPONDENCE  BETWEEN 

ence  of  small  States,  it  will  suffice  to  call  to  mind  the  tragic  fate  of 
the  Irish  and  Finnish  peoples,  the  obliteration  of  the  freedom  and 
independence  of  the  Boer  Republics,  the  subjection  of  North  Africa 
by  Great  Britain,  Prance,  and  Italy  and,  lastly,  the  violence  brought 
to  bear  on  Greece  for  which  there  is  no  precedent  in  history. 

"The  Imperial  and  Royal  Government  lays  down  as  a  fact  that 
in  concert  with  the  Allied  Powers  it  had  declared  its  readiness  to 
bring  the  war  to  an  end  by  means  of  an  oral  exchange  of  views  with 
the  enemy  Governments  and  that  on  the  decision  of  the  adversaries 
alone  depended  the  opening  of  the  way  to  peace.  Before  God  and 
mankind  it  disclaims  responsibility  for  a  continuance  of  the  war. 
Calm,  strong,  and  confident  of  their  right,  Austro-Hungary  and  its 
allies  will  carry  on  the  struggle  until  they  gam  a  peace  that  will 
secure  the  existence,  honor,  and  free  development  of  the  peoples  and 
at  the  same  time  enable  the  States  of  Europe  to  cooperate  m  the 
grand  work  of  civilizat'    i  on  the  basis  of  wholly  equal  rights, 

"The  Imperial  and  lioyal  Government  has  the  honor  to  apply 
for  Your  Excellency's  obliging  good  offices  with  a  request  that  you 
will  kindly  forward"  the  foregoing  to  the  Government  of  the  United 
States  of  America. 

"Be  pleased  to  accept  etcetera. 

"[Signed.]        Czernin." 
Peniielo. 


Part  XXIII. 

SUGGESTIONS  CONCERNING  THE  WAR  MADE  BY  PRESI- 
DENT  WILSON  DECEMBER  18,  1916,  AND  REPLIES  OP 
BELLIGEREl.xS  AND  NEUTRALS. 


C  "} 


The  Secretary  of  State  to  Ambassador  W.  H.  Page} 
[Telegram.] 

Department  of  State, 
Wnshingfon,  December  18,  1916. 
The  President  dirpots  mc  to  send  you  the  following  communication 
to  be  presented  imme-!  lately  to  the  Minister  of  Foreign  Affairs  of  the 
Governmont  to  which  you  are  accredited: 

"The  President  of  the  United  States  has  instructed  me  to  sug- 
gest to  His  Majesty's  Government  a  course  of  action  with  regard  to 
the  present  war  which  he  hopes  that  the  British  Government  will  take 

'  Same,  mutatis  mutandis,  to  tlie  American  Diplomatic  Representatives  ac- 
credited to  till'  Gov.rnm.  ntrt  of  Frame,  Italy,  Japan.  Russia,  Belgium,  Montonegro, 
I'ortugal,  Eoumania,  and  S.;rvia,  and  to  all  neutral  Governments  for  their  informa- 
tion. 


fe^  : 


THE  UNITED  STATES  AND  GERMANY 


285 


under  consideration  us  suggested  in  the  most  friendly  spirit  and  aa 
coming  not  only  from  a  friend  but  also  as  coming  from  the  representa- 
tive of  a  neutral  nation  whose  interests  have  been  moat  serioiialy 
Utrected  by  the  war  and  whose  concern  for  its  early  conclusion  arises 
out  of  a  manifest  necessity  to  determine  how  best  to  safeguard  those 
interests  if  the  war  is  to  continue. 

"The  suggestion  which  I  am  instructed  to  make  the  President  has 
long  had  it  in  mind  to  offer.  He  is  somewhat  embarrassed  to  offer  it 
at  this  particular  time  because  it  may  now  seem  to  have  been  prompted 
by  the  recent  overtures  of  the  Central  Powers.  It  is  in  fact  in  no 
way  associated  with  them  in  its  origin  and  the  President  would  have 
delayed  offering  it  until  those  overtures  had  been  answered  but  for  the 
the  fact  that  it  also  concerns  the  question  of  peace  and  may  best  be 
considered  in  connection  with  other  proposals  which  have  the  same 
end  in  view.  The  President  can  only  beg  that  his  suggestion  be  con- 
sidered entirely  on  its  own  merits  and  as  if  it  had  been  made  in  other 
circumstances. 

"The  President  suggests  that  an  early  occasion  be  sought  to  call 
out  from  all  the  nations  now  at  war  such  an  avowal  of  their  respective 
views  as  to  the  terms  upon  which  the  war  might  be  concluded  and  the 
arrangements  which  would  be  deemed  satisfactory  as  a  guaranty 
against  its  renewal  or  the  kindling  of  any  similar  conflict  in  the 
future  as  would  make  it  possible  frankly  to  compare  them.  He  ia 
indifferent  as  to  the  means  taken  to  accomplish  this.  He  would  be 
happy  himself  to  serve  or  even  to  take  the  initiative  in  its  accomplish- 
ment in  any  way  that  might  prove  acceptable,  but  he  has  no  desire  to 
determine  the  method  or  the  instrumentality.  One  way  will  be  as 
acceptable  to  him  as  another  if  only  the  great  object  he  has  in  mind  be 
attained. 

"He  takes  the  liberty  of  calling  attention  to  the  fact  that  the  ob- 
jects which  the  statesmen  of  the  belligerents  on  both  sides  have  in 
mind  in  this  war  are  virtually  the  same,  as  stated  in  general  terms  to 
their  own  people  and  to  the  world.  Each  side  desires  to  make  the 
rights  and  privileges  of  weak  peoples  and  small  States  as  secure 
against  aggression  or  denial  in  the  future  as  the  rights  and  privi- 
leges of  the  great  and  powerful  States  now  at  war.  Each  wishes 
itself  to  be  made  .secure  in  the  future,  along  with  all  other  nations 
and  peoples,  against  the  recurrence  of  wars  like  this  and  against 
aggression  of  selfish  interference  of  any  kind.  Each  would  be 
jealous  of  the  formation  of  any  more  rival  leagues  to  preserve  an 
uncertain  balance  of  power  amidst  multiplying  suspicions;  but  each  is 
ready  to  consider  the  formation  of  a  league  of  nations  to  insure  peace 
and  justice  throughout  the  world.  Before  that  final  step  can  be  taken, 
however,  each  deems  it  necessary  first  to  settle  the  issaes  of  the  present 
war  upon  terms  which  will  certaii.  y  safeguard  the  independence,  the 
territorial  integrity,  and  the  political  and  commercial  freedom  of  the 
nations  involved. 

"In  the  measures  to  be  taken  to  secure  the  future  peace  of  the 
world  the  people  and  Government  of  the  United  States  are  as  vitally 


286         DIPLOMATIC  CORRESPONDENCE  BETWEEN 


i-    i 


II 'i 


and  directly  intereited  u  the  Governments  now  at  war.  Their  inter- 
eat,  moreover,  in  the  means  to  be  adopted  to  relieve  the  smaller  and 
weaker  peoples  of  the  world  of  the  peril  of  wronpr  and  violence  is  aa 
qaiek  and  ardent  aa  that  of  any  other  people  or  Government.  They 
stand  ready,  and  even  eager,  to  cooperate  in  the  accomplishment  of 
these  ends,  when  the  war  ia  over,  with  every  influence  and  resource 
at  their  command.  But  the  war  must  first  be  concluded.  The  terms 
upon  which  it  is  to  be  concluded  the>  are  not  at  liberty  to  suggest; 
but  the  President  does  feel  that  it  is  his  right  and  his  duty  to  point 
out  their  intimate  interest  in  its  conclusion,  lest  it  should  presently 
be  too  late  to  accomplish  the  greater  things  which  lie  beyond  its  con- 
clusion, lest  the  situation  of  neutral  nations,  now  exceedingly  hard  to 
endure,  be  rendeied  altogether  intolerable,  and  lest,  more  than  all,  an 
injury  be  done  civilization  itself  which  can  never  be  atoned  for  or 
repairtd. 

"The  President  therefore  feels  altogether  justified  in  suggesting 
an  immediate  opportunity  for  a  comparison  of  views  as  to  the  terms 
which  must  precede  those  ultimate  arrangements  for  the  peace  of  the 
world,  which  all  desire  and  in  which  the  neutral  nations,  as  well  aa 
those  at  war,  are  ready  to  play  their  full  responsible  part.  If  the 
contest  mast  continue  to  proceed  towards  undefined  ends  by  slow 
attrition  until  the  one  group  of  belligerents  or  the  other  is  exhausted, 
if  million  after  million  of  human  lives  must  continue  to  be  offered 
up  until  on  the  one  side  or  the  other  there  are  no  more  to  offer,  if 
resentments  must  be  kindled  that  can  never  cool  and  despairs  en- 
gendered from  which  there  can  be  no  recovery,  hopes  of  peace  and 
of  the  willing  concert  of  free  peoples  will  be  rendered  vain  and  idle. 

"The  life  of  the  entire  world  has  been  profoundly  affected.  Every 
part  of  the  great  family  of  mankind  has  felt  the  burden  and  terror 
of  this  unprecedented  contest  of  arms.  No  nation  in  the  civilized 
world  can  be  said  in  truth  to  stand  outside  its  influence  or  to  be  safe 
against  its  disturbing  effects.  And  yet  the  concrete  objects  for  which 
it  is  being  waged  have  never  been  definitively  stated. 

"The  leaders  of  the  several  belligerents  have,  as  has  been  said, 
stated  those  objects  in  general  terms.  But,  stated  in  general  terms, 
they  seem  the  same  on  both  sides.  Never  yet  have  the  authoritative 
spokesmen  of  either  side  avowed  the  precise  objects  which  would,  if 
attained,  satisfy  them  and  their  people  that  the  war  had  been  fought 
out.  The  world  has  been  left  to  conjecture  what  definitive  results, 
what  actual  exchange  of  guarantees,  what  political  or  territorial 
changes  or  readjustments,  what  stage  of  military  success  even  would 
bring  the  war  to  an  end. 

"It  may  be  that  peace  is  nearer  than  we  know;  that  the  terms 
which  the  belligerents  on  the  one  side  and  on  the  other  would  deem  it 
necessary  to  insist  upon  are  not  so  irreconcilable  as  some  have  feared ; 
that  an  interchange  of  views  would  clear  the  way  at  least  for  con- 
ference and  make  the  permanent  concord  of  the  nations  a  hope  of  the 
immediate  future,  a  concert  of  nations  immediately  practicable. 

"The  President  is  not  proposing  peace;  he  is  not  even  offering 


THE  UNITED  STATES  AND  GERMANY 


287 


mediation.  He  ii  merely  proposing  that  aoaodinga  be  taken  in  order 
that  we  may  learn,  the  neutral  nations  with  the  iMlligcrent,  how  near 
the  haven  of  peape  may  he  for  which  all  mankind  longi  with  an  intense 
and  inereaaing  longing.  Ue  believes  that  the  spirit  in  which  he  speaks 
and  the  objects  which  he  setrkft  will  be  understood  by  all  concerned, 
and  he  confidently  hopen  for  a  responae  which  will  bring  a  new  light 
into  tlie  affairs  of  the  world." 

Lansino. 


The  Secretary  of  State  to  Ambatsador  Gerard.' 

[Telegram.] 

Department  of  State, 
Washington,  December  18,  1916. 

The  Preaident  directs  me  to  send  you  the  following  communication 
to  be  presented  immediately  to  the  Minister  of  Foreign  Affairs  of  the 
Gtovernment  to  which  you  are  accredited: 

"The  President  of  the  United  States  has  instructed  me  to  sug- 
gest to  the  Imperial  German  Government  a  course  of  action  with 
regard  to  the  present  war  which  he  hopes  that  the  Imperial  Govern- 
ment will  take  under  consideration  as  suggested  in  the  most  friendly 
spirit  and  as  coming  not  only  from  a  friend  but  also  as  coming  from 
the  representative  of  a  neutral  nation  whose  interests  have  been  moat 
seriously  affected  by  the  war  and  whose  concern  for  its  early  con- 
clusion arises  out  of  a  manifiest  necessity  to  determine  how  best  to 
safeguard  those  interests  if  the  war  is  to  continue. 

"The  suggestion  which  I  am  instructed  to  make  the  Pre-iident  has 
long  had  it  in  mind  to  offer.  He  is  somewhat  embarrassed  to  offer 
it  at  this  particular  time  because  it  may  now  seem  to  have  been 
prompted  by  a  desire  to  play  a  part  in  connection  with  the  recent 
overtures  of  the  Central  Powers.  It  has  in  fact  been  in  no  way  sug- 
gested by  them  in  its  origin  and  the  President  would  have  delayed 
offering  it  until  those  overtures  had  been  independently  answered  but 
for  the  fact  that  it  also  concerns  the  question  of  peace  and  may  best 
be  considered  in  connection  with  other  proposals  which  have  the  same 
end  in  view.  The  President  can  only  beg  that  his  suggestion  be  con- 
sidered entirely  on  ita  own  merits  and  as  if  it  had  been  made  in  other 
circumstances. 

"The  President  suggests  that  an  early  occasion  be  sought  to  call 
out  from  all  the  nations  now  at  war  such  an  avowal  of  their  respective 
views  as  to  the  terms  upon  which  the  war  might  be  concluded  and  the 
arrangements  which  would  be  deemed  satisfactory  as  a  guaranty 
against  its  renewal  or  the  kindling  of  any  similar  conflict  in  the 
future  as  would  make  it  possible  frankly  to  compare  them.    He  in 

'Same,  mutatis  mutandis,  to  tlic  American  Diplomatic  Representativp*  ac- 
credited to  the  Uovernmrnt«  of  .'\ustro-Hungary,  Turkey,  and  Bulgaria,  and  to  alt 
neutral  Governmcutu  for  their  information. 


g 


ii  ' 


288        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

iadifferent  u  to  the  meant  taken  to  accompliih  thie.  He  would  be 
happy  hinuelf  to  aervc,  or  even  to  take  the  initiative  in  lU  accom- 
pliahment,  in  any  way  that  might  prove  accepUble.  but  he  has  no 
d«iire  to  determine  the  method  or  the  inatrumentality.  One  way  wiU 
be  at  acceptable  to  him  aa  another  if  only  the  great  object  he  haa  m 
mind  be  attained.  .     «         l      .u 

"He  takes  the  liberty  of  calling  attention  to  the  fact  that  the 
objecU  which  the  atatesmen  of  the  belligcrenta  on  both  aidea  have  in 
mind  in  thia  war  are  virtually  the  aame,  aa  stated  in  general  terma 
to  their  own  pcopU-  and  to  the  world.  Each  side  desires  to  make  the 
rights  and  privileges  of  weak  peoplet  and  sraail  sUtea  aa  aecure 
against  aggrension  or  denial  in  the  future  as  the  rmhU  and  privileges 
of  the  urea*  and  poweiful  Mtates  now  at  war.  Euih  wishes  icsclf  to  be 
made  secure  in  the  future,  along  with  all  other  nations  und  peoples, 
against  the  recurrence  of  wars  like  this,  and  againnt  aggrewion  of  self- 
ish interference  of  any  kind.  Each  would  be  jealous  of  the  forma- 
tion of  any  more  rival  leagues  to  preserve  an  uncertain  baluice  of 
power  amidst  multiplying  suspicions;  but  each  is  ready  to  consider  tb« 
formation  of  a  league  of  nations  l<)  insure  peace  and  jostice  throagh- 
out  the  world.  Before  that  final  atep  can  be  taken,  however,  each 
deems  it  necefwary  tlrst  to  settle  the  issues  of  the  present  war  upon 
terms  which  will  certainly  safeguard  the  independence,  the  territorial 
integrity,  and  the  political  and  commercial  freedom  of  the  nationa 

involved.  ^     .  ^  »  »v 

"In  the  measures  to  be  taken  to  secure  the  future  peace  of  tne 
world  the  people  and  Government  of  the  United  States  are  as  vitally 
and  aa  directly  interested  as  the  Governmente  now  at  war.  Their 
interest,  moreover,  in  the  means  to  be  adopted  to  relieve  the  smaller 
and  weaker  peoples  of  the  world  of  the  peril  of  wrong  and  violence 
is  as  quick  and  ardent  as  that  of  any  other  people  or  Government. 
They  stand  ready,  and  even  eager,  to  cooperate  in  the  accomplish- 
ment of  these  ends,  when  the  war  is  over,  with  every  influence  and 
resource  at  their  command.  But  the  war  must  first  be  tone  aded. 
The  terms  upon  which  it  is  to  be  concluded  they  are  not  at  liberty 
to  suggest ;  but  the  President  does  feel  that  it  is  his  right  and  his  duty 
to  point  out  their  intimate  interest  in  its  conclusion,  lest  it  should 
presently  be  too  late  to  accomplish  the  greater  things  which  lie  beyond 
its  conclusion,  lest  the  situation  of  neutral  nations,  now  exceedingly 
hard  to  endure,  be  rendered  altogether  intolerable,  and  lest,  more  than 
Jl.  an  injury  be  done  civilization  itself  which  can  never  be  atoned  for 

or  repaired.  .      .„   ,  .  .• 

•'The  President  therefore  feels  altogether  justified  in  suggesting 
an  immediate  opportunity  for  a  comparison  of  views  as  to  the  terms 
which  must  precede  those  ultimate  arrangements  for  the  peace  of  the 
world,  which  all  desire  and  in  which  the  neutral  nations  as  well  as 
those  at  war  are  ready  to  play  their  full  responsible  part.  If  the 
contest  must  continue  to  proceed  towards  undefined  ends  by  slow 
attrition  until  the  one  group  of  belligerents  or  the  other  is  exhausted, 
if  million  after  million  of  human  lives  must  continue  to  be  offered 


THE  UNITED  STATES  AND  GERMANY 


289 


ap  until  on  the  one  aide  or  tl  other  thero  arc  no  more  to  offer,  if 
rcMntmenta  mnit  In*  kindled  tlmt  c»n  sever  eool  and  dcapaim  enR«n- 
dered  from  which  there  can  be  no  recovery,  hDpen  of  peac  and  of  the 
willing  concert  of  free  peoplea  will  b«  rendered  vain  a- 

The  life  of  the  entire  world  haa  been  profoundly  aft  Every 

part  of  the  great  family  of  mankind  haa  felt  the  burden  and  terror  of 
thia  unprecedented  conteat  of  arma.  No  nation  in  the  civilized  world 
can  be  aaid  in  truth  to  atand  outaide  ita  intlurnre  or  to  be  aafe  aguinat 
its  diaturliing  effects.  And  yet  the  concrete  objecU  for  which  it  ia 
being  waved  have  never  been  definitively  atated. 

•The  leaders  of  the  aeveral  bclligerenta  have,  aa  has  been  said, 
Htated  those  objceta  in  general  terma.  But  atated  in  general  tcrma, 
they  seem  the  aamc  on  both  sidea.  Never  yet  have  the  authoritative 
apukcamen  of  either  aide  avowed  the  prcciae  objecta  which  would,  if 
attained,  aatiafy  them  and  their  people  that  the  war  had  been  fought 
out.  The  world  haa  been  left  to  conjecture  what  definitive  reaulta, 
what  actual  exchange  of  guarantiua,  whut  political  or  territorial 
ehanKCH  or  readjuatmenta,  what  atage  of  military  aucceaa  even,  would 
brinK  the  war  to  an  end. 

•'It  may  be  that  peace  ia  nearer  than  we  know;  that  the  terma 
which  the  bclligerenta  on  the  one  aide  and  on  the  other  woiild  deem 
it  neceaaary  to  inaiat  upon  are  not  ao  irreconcilable  aa  acme  have 
feared;  that  an  interchange  of  views  would  cleor  the  way  at  leart  tor 
conference  and  make  the  permanent  concord  of  the  nations  a  ho|)e 
of  the  immediate  future,  a  "oncert  of  nations  immediately  practieulile. 

"The  President  is  not  proposing  peace;  he  ia  not  even  offering 
mediation.  He  is  merely  proposing  that  soundings  be  taken  in  order 
that  we  may  learn,  the  neutral  nations  with  the  belligerent,  how  near 
the  haven  of  peace  may  be  for  which  all  mankind  lon^H  with  an  in- 
tense and  increasing  longing.  He  believes  that  the  spirit  in  whieli  lie 
speaks  and  the  objects  which  he  seeks  will  be  understood  by  all  eoii- 
cerned,  and  he  confidently  hopes  for  a  response  which  will  bring  a  mw 
light  into  the  affairs  of  the  world." 

Lansino. 


Ambassador  Gerard  to  the  Secretary  of  State.^ 

[Telegram — Paraphrase.] 

American  Emb.vssy, 
BcrUn,  December  20.  1!)16. 
Mr.  Gerard  reports  receipt  of  a  note  from  the  German  Foreign 
Office,  dated  December  26,  I'JIC,  as  follows: 

"Foreign  Oftice, 
'•Berlin,  December  26,  IDIG. 
"With  reference  to  the  esteemed  communication  of  December  21, 
Foreign  Office  No.  15118,  the  undersigned  haa  the  honor  to  reply 

'  Similar  replies  were  r.  eeivrd  from  the  Governments  of  Auitria-Hunparr. 
Turliey.  and  Bulgaria. 


290        DIPLOMATIC  COERESPONDENCE  BETWEEN 

as  follows :  To  His  Excellency  the  Ambassador  of  the  United  State* 
of  America,  Mr.  James  W.  (Jerard.  ,      ,  .      . 

"The  Imperial  Government  has  accepted  and  considered  in  the 
friendly  spirit  which  is  apparent  in  the  communication  of  the  Presi- 
dent, noble  initiative  of  the  President  looking  to  the  creation  of  bases 
for  the  foundation  of  a  lasting  peace.  The  President  discloses  the 
aim  which  lies  next  to  his  heart  and  leaves  the  choice  of  the  way  open. 
A  direct  exchange  of  views  appears  to  the  Imperial  Government  as 
the  most  suitable  way  of  arriving  at  the  desired  result.  The  Imperial 
Government  has  the  honor,  therefore,  in  the  sense  of  its  declaration 
of  the  12th  instant,  which  offered  the  hand  for  peace  negotiations,  to 
propose  the  speedy  assembly,  on  neutral  ground,  of  delepates  of  the 
warring  States. 

"It  is  also  the  view  of  the  Imperial  Government  that  the  great 
work  for  the  prevention  of  future  wars  can  first  be  taken  up  only 
after  the  ending  of  the  present  conflict  of  exhaustion.  The  Imperial 
Government  is  ready,  when  this  point  has  been  reached,  to  cooperate 
with  the  United  States  at  this  sublime  task. 

"The  undersigned,  while  permitting  himself  to  have  recourse  to 
good  offices  of  His  Excellency  the  Ambassador  in  connection  with  the 
transmission  of  the  above  reply  to  the  President  of  the  United  States, 
avails  himself  of  this  opportunity  to  renew  the  assurances  of  his  high- 
est consideration.  ' '  Zimmermann.  ' ' 


U\,  - 


rii 


Consul  General  Murphy  to  the  Secretary  of  State. 

[Telegram.] 

American  Consulate  General, 
Sofia,  December  30, 1916. 

Referring  circular  eighteenth. 

Bulgarian  foreign  minister  responds  following: 

"I  have  had  the  honor  to  receive  the  letter  you  were  pleased  to 
address  to  me  on  the  28th  of  this  month  to  acquaint  me  with  the  step 
taken  by  Mr.  President  Wilson  in  favor  of  peace,  and  I  hasten  to  com- 
municate to  you  the  following  answer  of  the  Bulgarian  Government : 

"The  generous  initiative  of  the  President  of  the  United  States 
tending  to  create  bases  for  the  restoration  of  peace,  was  cordially 
received  and  taken  into  consideration  by  the  Royal  Government  in 
the  same  friendly  spirit  which  is  evidenced  by  the  presidential  com- 
munication. The  President  indicates  the  object  he  has  at  heart  and 
leaves  open  the  choice  of  the  way  leading  to  that  object.  The  Royal 
Government  considers  a  direct  exchange  of  views  to  be  the  most 
efficacious  way  to  attain  the  desired  end.  In  accordance  with  it« 
declaration  of  the  12th  of  December  inst.,  which  extends  a  hand  for 
peace  negotiationN,  it  has  the  honor  to  propose  an  immediate  meeting 
at  one  place  of  delegates  of  the  belligerent  powers.  The  Royal  Gov- 
ernment shares  the  view  that  the  great  undertaking  which  consists  in 


THE  UNITED  STATES  AND  GERMANY 


291 


preventing  future  war  can  only  be  initiated  after  the  close  of  present 
conflict  of  nations.  When  that  time  comes,  the  Royal  Government 
will  be  glad  to  cooperate  with  the  United  States  of  America  and  other 
neutral  nations  in  that  sublime  endeavor. 

"Be  pleased  to  accept,  Mr.  Consul  General,  the  assurances  of  my 
high  consideration. 

"(Signed)  Doctor  Radoslavoff. " 

Murphy.   • 


SI 


Ambassador  Sharp  to  the  Secretary  of  State. 

[Telegram.] 

American  Embasst, 
Paris,  Janxiary  10,  1917. 

Copy  of  Belgian  note  as  follows : 

"The  Government  of  the  King,  which  has  associated  itself  with 
the  answer  handed  by  the  President  of  the  French  Council  to  the 
American  Ambassador  on  behalf  of  all,  is  particularly  desirous  of  pay- 
ing tribute  to  the  sentiment  of  humanity  which  prompted  the  Presi- 
dent of  the  United  States  to  send  his  note  to  the  belligerent  powers 
and  it  highly  esteems  the  friendship  expressed  for  Belgium  through 
his  kindly  intermediation.  It  desires  as  much  as  Mr.  Woodrow  Wilson 
to  see  the  present  war  ended  as  early  as  possible. 

"But  the  '^  "sident  seems  to  believe  that  the  statesmen  of  the  two 
opposing  cam,  pursue  the  same  objects  of  war.  The  example  of 
Belgium  unfortunately  demonstrates  that  this  is  in  no  wise  the  fact. 
Belgium  haf  never,  like  the  « '  ntral  Powers,  aimed  at  conquests.  The 
barbarous  fashion  in  which  the  German  Government  has  treated,  and 
is  still  treating,  the  Belgian  nation,  does  not  permit  the  supposition 
that  Germany  will  preoccupy  herself  with  guaranteeing  in  the  future 
the  rights  of  the  weak  nations  which  she  has  not  ceased  to  trample 
under  foot  since  the  war,  let  loose  by  her,  began  to  desolate  Europe. 
On  the  other  hand,  the  Government  of  the  King  has  noted  with  pleas- 
ure and  with  conlidencc  the  assurances  that  the  United  States  is  im- 
patient to  cooperate  in  the  measures  which  will  be  taken  after  the 
conclusion  of  peace,  to  protect  and  guarantee  the  small  nations  against 
violence  and  oppression. 

' '  Previous  to  the  German  ultimatum,  Belgium  only  aspired  to  live 
upon  good  terms  with  all  her  neighbors ;  she  practiced  with  scrupulous 
loyalty  towards  each  one  of  them  the  duties  imposed  by  her  neutrality. 
In  the  same  manner  she  has  been  rewarded  by  Germany  for  the  con- 
fidence she  placed  in  her,  through  which,  from  one  day  to  the  other, 
without  any  plausible  reason,  her  neutrality  was  violated,  and  the 
Chancellor  of  the  Empire  when  announcing  to  the  Reichstag  this 
violation  of  right  and  of  treaties,  was  obliged  to  recognize  the  iniquity 
of  such  an  act  and  predetermine  that  it  would  be  repaired.  But  the 
Germans,  after  the  occupation  of  Belgian  territory,  have  displayed  no 
better  observance  of  the  rules  of  international  law  or  the  stipulations 


;  vJ 


.-el' 

^1 


292        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

of  The  Hague  Convention.  They  have,  by  taxation,  as  heavy  as  it  i« 
arbitrary,  drained  the  resources  of  the  country;  they  have  intei^ 
tionally  ruined  its  industries,  destroyed  whole  cities,  put  to  death  and 
imprisoned  a  considerable  number  of  inhabitants.  Even  now,  while 
they  are  loudly  proclaiming  their  desire  to  put  an  end  to  the  horrors 
of  war,  they  increase  the  rigors  of  the  occupation  by  deporting  into 
servitude  Belgian  workers  by  the  thousands. 

"If  there  is  a  country  which  has  the  right  to  say  that  it  has  taken 
up  arms  to  defend  its  existence,  it  is  assuredly  Belgium.  Compelled 
to  fight  or  to  submit  to  shame,  she  passionately  desires  that  an  end 
be  brought  to  the  unprecedented  sufferings  of  her  population.  But 
she  could  only  accept  a  peace  which  would  assure  her  as  well  as 
equitable  reparation,  security  and  guarantees  for  the  future. 

"The  American  people,  since  the  beginning  of  the  war,  has  mani- 
fested for  the  oppressed  Belgian  nation,  its  most  ardent  sympathy. 
It  is  an  American  committee,  the  Commission  for  Relief  in  Belgium 
which,  in  close  union  with  the  Government  of  the  King  and  the  Na- 
tional Committee,  displays  an  untiring  devotion  and  marvelous  activ- 
ity in  re-victualling  Belgium.  The  Government  of  the  King  is  happy 
to  avail  itself  of  this  opportunity  to  express  its  profound  gratitude  to 
the  Commission  for  Relief  as  well  as  to  the  generous  Americana  eager 
to  relieve  the  misery  of  the  Belgian  population.  Finally,  nowhere 
more  than  in  the  United  States  have  the  abductions  and  deportations 
of  Belgian  civilians  provoked  such  a  spontaneous  movement  of  pro- 
testation and  indignant  reproof. 

"These  facts,  entirely  to  the  honor  of  the  American  nation,  allow 
the  Government  of  the  King  to  entertain  the  legitimate  hope  that  at 
the  time  of  the  definitive  settlement  of  this  long  war,  the  voice  of  the 
Entente  Powers  will  find  in  the  United  States  a  unanimous  echo  to 
claim  in  favor  of  the  Belgian  nation,  innocent  victim  of  German  am- 
bition and  covetousness,  the  rank  and  the  place  which  its  irreproach- 
able past,  the  valor  of  its  soldiers,  its  fidelity  to  honor  and  its  remark- 
able faculties  for  work  assign  to  it  among  the  civilized  nations.  ' 

Sharp. 


Ambassador  Sharp  to  the  Secretary  of  State. 

[Telegram.] 

Ambsican  Embas-sy, 
Pom,  January  10,  1917. 
The  following  is  the  translation  of  the  French  note: 
"The  Allied  Governments  have  received  the  note  which  wm  de- 
livered to  them  in  the  name  of  the  Government  of  the  United  States 
on  the  nineteenth  of  December.  1916.    They  have  studied  it  with  the 
care  imposed  upon  them  both  by  the  exact  realization  which  they  have 
of  the  gravity  of  the  hour  and  by  the  sincere  friendship  which  attaches 
them  to  the  American  people.  ..    ^    * 

"In  general  way  they  wish  to  declare  that  they  pay  tribute  to 
the  elevation  of  the  sentiment  with  which  the  American  note  is  in- 


THE  UNITED  STATES  AND  OEBMANT 


293 


spired  and  that  they  associate  themselves  with  all  their  hopes  with 
the  project  for  the  creation  of  a  league  of  nations  to  in.sare  peace  and 
justice  throughout  the  worl'L  They  recognize  all  the  advantages  for 
the  cause  of  humanity  and  civilization  wUch  the  institution  of  inter- 
national agreements,  destined  to  avoid  violent  conflicts  between  na- 
tions would  prevent;  agreements  which  must  imply  the  sanctions 
necessary  to  insure  their  execution  and  thus  to  prevent  an  apparent 
security  from  only  facilitating  new  aggressions.  But  a  discussion 
of  future  arrangements  destined  to  insure  an  enduring  peace  presup- 
poses a  satisfactory  settlement  of  the  actual  conflict ;  the  Allies  have  as 
profound  a  desire  as  the  Government  of  the  United  States  to  terminate 
as  soon  as  possible  a  war  for  which  the  Central  Empires  are  i-espon- 
sible  and  which  inflicts  such  cruel  sufferings  upon  humanity.  But 
they  believe  that  it  is  impossible  at  the  present  moment  to  attain  a 
peace  which  will  assure  them  reparation,  restitution,  and  such  guaran- 
tees to  which  they  are  entitled  by  the  aggression  for  which  the  respon- 
sibility rests  with  the  Central  Powers  and  of  which  the  principle  itself 
tended  to  ruin  the  security  of  Europe;  a  peace  which  would  on  the 
other  hand  permit  the  establishment  of  the  future  of  European  nations 
on  a  solid  basis.  The  Allied  nations  are  conscious  that  they  are  not 
fighting  for  selfish  interests,  but  above  all  to  safeguard  the  independ- 
ence of  peoples,  of  right,  and  of  humanity. 

"The  Allies  are  fully  aware  of  the  losses  and  suffering  which  the 
war  causes  to  neutrals  as  well  as  to  belligerents  and  they  deplore 
them ;  but  they  do  not  hold  themselves  responsible  for  them,  having  in 
no  way  either  willed  or  provoked  this  war,  and  they  strive  to  reduce 
these  damages  in  the  measure  compatible  with  the  inexorable  exigen- 
cies of  their  defense  against  the  violence  and  the  wiles  of  the  enemy. 

"It  is  with  satisfaction  therefore  that  they  take  note  of  the  declara- 
tion that  the  American  communication  is  in  nowise  associated  in  its 
origin  with  that  of  the  Central  Powers  transmitted  on  the  eighteenth 
of  December  by  the  Qovemment  of  the  United  States.  They  did  not 
doubt  moreover  the  resolutioi^  of  that  Government  to  avoid  even  the 
appearance  of  a  support,  even  moral,  of  the  authors  responsible  for  the 
war. 

"The  Allied  Governments  believe  that  they  must  protest  in  the 
most  friendly  but  in  the  most  specific  manner  against  the  assimilation 
established  by  the  American  note  between  the  two  groups  of  belliger- 
ents; this  assimilation,  based  upon  public  declarations  by  tiw 
Central  Powers,  is  in  direct  opposition  to  the  evidence,  both  as  regard* 
responsibility  for  the  past  and  as  concerns  guarantees  for  the  future ; 
President  Wilson  in  mentioning  it  certainly  had  no  intention  of  asso- 
ciating himself  with  it. 

"If  there  is  an  historical  fact  established  at  the  present  date,  it  is 
the  willful  aj^ession  of  Germany  and  Austria-Hungary  to  insure 
their  hegemony  over  Europe  and  their  economic  domination  over  the 
world.  Germany  proved  by  her  declaration  of  war,  by  the  immediate 
violation  of  Belgium  and  Luxemburg  and  by  her  manner  of  conduct- 
ing the  war,  her  simulating  contempt  for  all  principles  of  humanity 


II 

If 

I- 
■!■' 

•i- 


1 


i 


*|:5 


i|:| 


11. 
'1  ■ 


m 


294        DIPLOMATIC  COERESPONDENCE  BETWEEN 

and  all  respect  for  small  states ;  as  the  conflict  developed  the  attitude 
of  the  Central  Powers  and  their  Allies  has  been  a  continual  defiance 
of  humanity  and  civilization.  Is  it  necessary  to  recall  the  horrors 
which  accompanied  the  invasion  of  Belgium  and  of  Servia,  the  atro- 
cious ri*grme  imposed  upon  the  invaded  countries,  the  massacre  of 
hundreds  of  thousands  of  inoffensive  Armenians,  the  barbarities  per- 
petrated against  the  populations  of  Syria,  the  raida  of  Zeppelins  on 
open  towns,  the  destruction  by  submarines  of  passenger  steamers  and 
of  merchantmen  even  ander  neutral  flags,  the  cruel  treatment  inflicted 
upon  prisoners  of  war,  the  juridical  murders  of  Miss  Cavell,  of  Cap- 
tain Pryatt,  the  deportation  an*'  the  reduction  to  slavery  of  civil 
populations,  et  ootera?  The  t:  ^culion  of  such  a  scries  of  crimes 
perpetrated  without  any  rcpard  for  universal  reprobation  fully  ex- 
plains to  President  Wilson  the  protest  of  the  Allies. 

"They  consider  that  the  note  which  they  sent  to  the  United  States 
in  reply  to  ^e  German  note  will  be  a  response  to  the  questions  put  by 
the  American  Government,  and  according  to  the  exact  words  of  the 
latter,  constitute  'a  public  declaration  as  to  the  conditions  upon  which 
the  war  could  be  terminated. ' 

"President  Wilson  desires  more:  he  desiies  that  the  belligerent 
powers  openly  afiirm  the  objects  which  the  seek  by  continuing  the 
war;  the  Allies  experience  nr)  difficulty  in  replying  to  this  request. 
Their  objects  in  the  war  are  w.  il  known ;  they  have  been  formulated 
on  many  occasions  by  the  chiefs  of  their  divers  Governments.  Their 
objects  in  the  war  will  not  be  made  known  in  detail  with  all  the 
equitable  compensations  and  indemnities  for  damages  suffered  until 
the  hour  of  negotiations.  But  the  civilized  world  knows  that  they 
imply  in  all  necessitj  and  in  the  first  instance  the  restoration  of  Bel- 
gium, of  Servia,  and  of  Montenegro  and  the  indemnities  which  are  due 
them;  the  evacuation  of  the  invaded  territories  of  France,  of  Rus- 
sia and  of  Roumania  with  just  reparation ;  the  reorganization  of  Eu- 
rope, guaranteed  by  a  stable  regime  and  founded  as  much  upon  respect 
of  nationalities  and  full  security  and  liberty,  economic  development, 
which  all  nations,  great  or  small,  possess,  as  upon  territorial  conven- 
tions and  international  agreements  suitable  to  guarantee  territorial 
and  maritime  frontiers  against  unjustified  attacks ;  the  restitution  of 
provinces  or  territories  wrested  in  the  past  from  the  Allies  by  force 
or  against  the  will  of  their  populations,  the  liberation  of  Italians,  of 
Slavs,  of  Roumanians  and  of  Tcheco  Slovaques  from  foreign  domina- 
tion; the  enfranchisement  of  populations  subject  to  the  bloody  tyr- 
anny of  the  Turks ;  the  expulsion  from  Europe  of  the  Ottoman  Empire 
decidedly  (•  *  •)'  to  western  civilization.  The  intentions  of  His 
Majesty  the  Emperor  of  Rusi  'a  regarding  Poland  have  been  clearly 
indicated  in  the  proclamation  which  he  has  just  addressed  to  his 
armies.  It  goes  without  saying  that  if  the  Al'ies  wish  to  liberate 
Europe  from  the  brutal  covetousness  of  Prussian  militarism,  it  never 
has  been  their  design,  as  has  been  alleged,  to  encompass  the  extermi- 
nation of  the  German  peoples  and  their  political  disappearance.    That 

■  App«reBt  oBitiioB. 


n    . 


THE  UNITED  STATES  AND  GERMANY  295 

which  they  desire  above  all  is  to  insure  a  peace  upon  the  principles  of 
liberty  and  justice,  upon  the  inviolable  fidelity  to  international 
obligation  with  which  the  Government  of  the  United  States  has  never 
ccaded  to  be  inspired. 

"United  in  the  pursuits  of  this  supreme  object  the  Allies  are  deter- 
mined, individually  and  collectively,  to  act  with  all  their  power  and  to 
consent  to  all  sacrifices  to  bring  to  a  victorious  close  a  conflict  upon 
which  they  are  convinced  not  only  their  own  safety  and  piosperity 
depends  but  also  the  future  of  civilization  itself." 

Sharp. 


M 


Memorandum  from  British  Emhaay.^ 

Foreign  Office, 
London,  January  13,  1917. 

Sni :  In  sending  you  a  translation  of  the  Allied  Note  I  desire  to 
make  the  following  observations,  which  you  should  bring  to  the  notice 
of  the  United  States  Government. 

I  gather  from  the  general  tenor  of  the  President's  note  that 
while  he  is  animated  by  an  intense  desire  that  peace  should  cdne 
soon  and  that  when  it  comes  it  should  be  lasting,  he  does  not  for  the 
moment  at  least  concern  himself  with  the  terms  on  which  it  should 
be  arranged.  His  Majesty's  Government  entirely  share  the  Presi- 
dent's ideas,  but  they  feel  strongly  that  the  durability  of  peace  must 
largely  depend  on  its  character  and  that  no  stable  system  of  inter- 
national relations  can  be  built  on  foundations  which  are  essentially 
and  hopelessly  defective. 

This  becomes  clearly  apparent  if  we  consider  the  main  conditions 
which  rendered  possible  the  calamities  from  which  the  world  is  now 
suffering.  These  were  the  existence  of  great  powers  consumed  with 
the  lust  of  domination  in  the  midst  of  a  community  of  nations  ill 
prepared  for  defense,  plentifully  supplied  indeed  with  international 
laws,  but  with  no  machinery  for  enforcing  them  and  weakened  by  the 
fact  that  neither  the  boundaries  of  the  various  States  nor  their  in- 
ternal constitution  harmonized  with  the  aspirations  of  their  con- 
stituent races  or  secured  to  them  just  and  equal  treatment. 

That  this  last  evil  would  be  greatly  mitigat2d  if  the  Allies  secured 
the  changes  in  the  map  of  Europe  outlined  in  their  joint  note  is 
manifest,  and  I  need  not  labour  the  point. 

It  has  been  argued,  indeed,  that  the  expulsion  of  the  Turks  from 
Europe  forms  no  proper  or  logical  part  of  this  general  scheme.    The 

'  Rowived  at  the  Department  of  State  from  the  Britigh  Ambaesador  January 
16,  1917. 


I! 


I' 


St 


■•■il 


i  • 


296 


DIPLOMATIC  COBBESPONDENCE  BETWEEN 


maintenance  of  the  Turkish  Empire  was,  during  many  generations, 
regarded  by  statesmen  of  world-wide  authority  as  essential  to  the 
maintenance  of  European  peace.  Why,  it  is  asked,  should  the  cause 
of  peace  be  now  associated  with  a  complete  reversal  of  this  traditional 
policy! 

The  answer  is  that  circumstances  have  completely  changed.  It 
is  unnecessary  to  consider  now  whether  the  creation  of  a  reformed 
Turkey,  mediating  between  hostile  races  in  the  Near  East,  was  a 
scheme  which,  had  the  Sultan  been  sincere  and  the  Powers  united, 
could  ever  have  been  realized.  It  certainly  can  not  be  realized  now. 
The  Turkey  of  "Union  and  Progress"  is  at  least  as  barbarous  and  is 
far  more  aggressive  than  the  Turkey  of  Sultan  Abdul  Hamid.  In 
the  hands  of  Germany  it  has  ceased  even  in  appearance  to  be  a  bulwark 
of  peace  and  is  openly  used  as  an  instrument  of  conquest.  Under 
German  officers  Turkish  soldiers  are  now  fighting  in  lands  from  which 
they  had  long  been  expelled,  and  a  Turkish  Government,  controlled, 
subsidized  and  supported  by  Germany,  has  been  guilty  of  massacres 
in  Armenia  and  Syria  more  horrible  than  any  recorded  in  the  history 
even  of  those  unhappy  countries.  Evidently  the  interests  of  peace 
and  the  claims  of  nationality  alike  require  that  Turkish  rule  over 
alien  races  shall  if  possible  be  brought  to  an  end;  and  we  may 
hope  that  the  expulsion  of  Turkey  from  Europe  will  contribute  as 
much  to  the  cause  of  peace  as  the  restoration  of  Alsace-Lorraine  to 
France,  of  Italia  Irredenta  to  Italy,  or  of  any  of  the  other  territorial 
changes  indicated  in  the  Allied  Note. 

Evidently,  however,  such  territorial  rearrangements,  though  they 
may  diminish  the  occasions  of  war,  provide  no  sufficient  security 
against  its  recurrence.  If  Germany,  or  rather  those  in  Germany 
who  mold  its  opinions  and  control  its  destinies,  again  set  out  to 
domineer  the  world,  they  may  find  that  by  the  new  order  of  things 
the  adventure  is  made  more  difficult,  but  hardly  that  it  is  made  im- 
possible. They  may  still  have  ready  to  their  hand  a  political  system 
organised  through  and  th  ragh  on  a  military  basis;  they  may  still 
accumulate  vast  stores  of  military  equipment;  they  may  still  persist 
in  their  methods  of  attack,  80  that  their  more  pacific  neighbours 
will  be  struck  down  before  they  can  prepare  themselves  for  defense. 
If  so,  Europe  when  the  war  is  over  will  be  far  poorer  in  men,  in 
money,  and  in  mutual  good  will  than  it  was  when  the  war  began 
but  it  will  not  be  safer;  and  the  hopes  for  the  future  of  the  world 
entertained  by  the  President  will  be  as  far  as  ever  from  fulfilment. 

There  are  those  who  think  that  for  this  disease  International 


THE  UNITED  STATES  AND  GERMANY  297 

Tre»tie«  and  International  Laws  may  provide  a  sufficient  cure.    But 
■uch  perMna  have  ill  learned  the  lessons  so  clearly  taught  by  recent 
history.    While  other  nations,  notably  the  United  States  of  America 
and  Britain,  were  striving  by  treaties  of  arbitration  to  make  sure  that 
ne  chance  quarrel  should  mar  the  peace  they  desired  to  make  per- 
petual,    Germany    stood   aloof.     Her    historians    and    philosophers 
preached  the  splendors  of  war,  power  was  proclaimed  as  the  true  end 
of  the  State,  and  the  General  Staff  forged  with  untiring  industry  the 
weapons  by  which  at  the  appointed  moment  power  might  be  achieved 
These  facts  proved  clearly  enough  that  Treaty  arrangements  for 
mamtammg  peace  were  not  likely  to  find  much  favour  at  Berlin  • 
they  did  not  prove  that  such  Treaties  once  made  would  be  utterly 
ineffectual.     This  became  evident  only  when  war  had  broken  out 
though  the  demonstration,  when  it  came,  was  overwhelming.    So  long 
as  Germany  remains  the  Germany  which  without  a  shadow  of  justi- 
fication  overran  and  barbarously  iU-treated  a  country  it  was  pledged 
to  defend  no  State  can  regard  its  rights  as  secure  if  they  have  no  bet- 
ter protection  than  a  solemn  Treaty. 

The  case  is  made  worse  by  the  reflection  that  these  methods  of  cal- 
culated  brutality  were  designed  by  the  Central  Powers  not  merely 
to  crush  to  the  dust  those  with  whom  they  were  at  war  but  to  intimi- 
date those  with  whom  they  were  stUl  at  peace.  Belgium  was  not  only 
a  victim.  It  was  an  example.  Neutrals  were  intended  to  note  the 
outrage  which  accompanied  its  conquest,  the  reign  of  terror  which 
foUowed  on  its  occupation,  the  deportation  of  a  portion  of  its  popu- 
^tion  the  cruel  oppression  of  the  remainder.  And  lest  the  nations 
happily  protected  either  by  British  Fleets  or  by  their  own  from 
German  Armies  should  suppose  themselves  safe  from  German  methods 
the  submarine  has  (within  its  limits)  assiduouslv  imitated  the  bar- 
barous practices  of  the  sister  service.  The  War  Staffs  of  the  Central 
Powers  are  well  content  to  horrify  the  world  if  at  the  same  time  they 
can  terrorize  it. 

If  then  the  Central  Powers  succeed,  it  wUl  be  to  methods  like 
these  that  they  will  owe  their  success.  How  can  any  reform  of  Inter- 
national  relations  be  based  on  a  peace  thus  obtained?  Such  a  peace 
would  represent  the  triumph  of  all  the  forces  which  make  war  certain 
and  make  it  brutal.  It  would  advertise  the  futility  of  all  the  methods 
on  which  civilization  relies  to  eliminate  the  occasions  of  International 
dispute  and  to  mitigate  their  ferocity.  Germany  and  Austria  made 
the  present  war  inevitable  by  attacking  the  rights  of  one  small  State, 
and  they  gained  their  initial  triumphs  by  violating  the  Treaty  guar- 


••;  ■  * ; 


I 


% 


<■■>  i  , 


298        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

antees  of  the  territories  of  another.  Are  small  States  goiitg  to  flsd 
in  them  their  future  protectors  or  in  Treaties  made  by  them  a  bul- 
wark against  aggression  t  Terrorism  by  land  and  sea  will  have  proved 
itself  the  instrument  of  victory.  Are  the  victors  likely  to  abandon 
it  on  the  appeal  of  neutrals?  If  existing  Treaties  are  no  more  than 
scraps  of  paper,  can  fresh  Treaties  help  ust  If  the  violation  of  the 
most  fundamental  canons  of  International  Law  Ic  crowned  with  suc- 
cess, will  it  not  be  iu  vain  that  the  assembled  nations  labor  to  improve 
their  codet  None  will  profit  by  their  rules  but  Powers  who  break 
them.    It  is  those  who  keep  them  that  will  suffer. 

Though,  therefore,  the  people  of  this  country  share  to  the  full 
the  desire  of  the  President  for  peace,  they  do  not  believe  peace  can  be 
durable  if  it  be  not  based  on  the  success  of  the  Allied  cause.  For  a 
durable  peace  can  hardly  be  expected  unless  three  conditions  are  ful- 
filled. The  first  is  that  existing  causes  of  international  unrest  should 
be,  as  far  as  possible,  removed  or  weakened.  The  second  is  that  the 
aggressive  aims  and  the  unscrupulous  methods  of  the  Central  Powers 
should  fall  into  disrepute  among  their  own  peoples.  The  third  is 
that  behind  international  law  and  behind  all  Treaty  arrangements  for 
preventing  or  limiting  hostilities  some  form  of  international  sanction 
should  be  devised  which  would  give  pause  to  the  hardiest  aggressor. 
These  conditions  may  be  difficult  of  fulfilment.  But  we  believe 
them  to  be  in  general  harmony  with  the  President's  ideas  and  we  are 
confident  that  none  of  them  can  be  satisfied,  even  imperfectly,  unless 
peace  can  be  secured  on  the  general  lines  indicated  (so  far  as  Europe 
is  concerned)  in  the  joint  note.  Therefore  it  is  that  this  country  has 
made,  is  making,  and  is  prepared  to  make  sacrifices  of  blood  and 
treasure  unparalleled  in  its  history.  It  bears  these  heavy  burdens 
not  merely  that  it  may  thus  fulfil  its  Tieaty  obligations  nor  yet  that 
it  may  secure  a  barren  triumph  of  one  group  of  nations  over  another. 
It  bears  them  because  it  firmly  believes  that  on  the  success  of  the  Allies 
depend  the  prospects  of  peaceful  civilization  and  of  those  In.er- 
national  reforms  which  the  best  thinkers  of  the  New  World,  as  of 
the  Old,  dare  to  hope  may  follow  on  the  cessation  of  our  present 
calamities. 

'      "'  (Signed)  ABTHUf.  James  Bauvub. 

His  Excellency, 

The  Right  Honourable, 

Sir  Cecil  Spring  Rice,  Q.  C.  M,  Q„  etc.,  etc.,  etc. 


THE  UNITED  STATES  AND  OERMANT 


299 


Paut  XXIV. 

SEVERANCE     OP     DIPLOMATIC     RELATIONS     BETWEEN 
THE  UNITED  STATES  AND  GERMANY. 


The  Oerman  Ambassador  to  the  Secretary  of  State. 

[Traaalation.] 

Geruan  Eubasst, 
„     a  „  Washington,  January  31,  1917. 

Mr.  Secretary  op  State: 

Your  Excellency  were  good  enough  to  transmit  to  the  Imperial 
Government  a  copy  of  the  message  which  the  Pi-esidcnt  of  the  United 
StatCB  of  America  addressed  to  the  Senate  on  the  22d  inst.  The 
Imperial  Government  has  given  it  the  earnest  consideration  which 
the  President  s  statements  deserve,  inspired  as  they  are  by  a  deep 
sentiment  of  responsibility.  It  is  highly  gratifying  to  the  Imperial 
Government  to  ascertain  that  the  main  tendencies  of  this  important 
statement  correspond  largely  to  the  desires  and  principles  professefl 
by  Germany.  These  principles  especially  include  self  government  and 
equality  of  rights  for  all  nations.  Germany  would  be  sincerely  glad 
",  ?" '■«<'08f"'tion  of  this  principle  countries  like  Ireland  and  India, 
which  do  not  enjoy  the  benefits  of  political  independence,  should  now 
obtain  their  freedom.  The  German  people  also  repudiate  all  alli- 
ances which  serve  to  force  the  countries  into  a  competition  for  might 
and  to  involve  them  in  a  net  of  selfish  intrigues.  On  the  other  hand 
Germany  will  gladly  cooperate  in  all  efforts  to  prevent  future  wars. 
The  freedom  of  the  seas,  being  a  preliminary  condition  of  the  free 
existence  of  nations  and  the  peaceful  intercourse  between  them,  as 
well  as  the  open  door  for  the  commerce  of  all  nations,  has  always 
formed  Part  of  the  leading  principles  of  Germany's  political  pro- 
^^j™'  *  t  ™°'^*  ^^^  Imperial  Government  regrets  that  the  atti- 

tude of  her  enemies  who  are  so  entirely  opposed  to  peace  makes  it 
impossible  for  the  worid  at  present  to  bring  about  the  realization 
of  these  lofty  ideals.  Germany  and  her  allies  were  ready  to  enter 
now  into  a  discussion  of  peace  and  had  set  down  as  basis  the  guar- 
anty of  existence,  honor,  and  free  development  of  their  peoples.  Their 
aims,  as  has  been  expressly  stated  in  the  note  of  December  12,  1916 
were  not  directed  towards  the  destruction  or  annihilation  of  their 
enemies  and  were,  according  to  their  conviction,  perfectly  compatible 
with  the  rights  of  the  other  nations.  As  to  Belgium,  for  which  such 
warm  and  cordial  sympathy  is  felt  in  the  United  States,  the  Chan- 
cellor  had  declared  only  a  few  weeks  previously  that  its  annexation 
had  never  formed  pert  of  Germany's  intentions.  The  peace  to  be 
signed  with  Belgium  was  to  provide  for  such  conditions  in  that 
country,  with  which  Germany  desires  to  maintain  friendly  neigh- 
boriy  relations,  that  Belgium  should  not  be  used  again  by  Germany's 


■"-\  I 


=!^1 


f--a. 


}\i 


800        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

enemira  for  the  parpow  of  inatigatinfr  continaont  hostile  intriguet. 
Such  precautionary  measures  are  all  the  more  necessary,  as  Oer- 
many's  enemies  have  rcpestedly  stated  not  only  in  speeches  delivered 
by  their  leading  men  but  also  in  the  statutes  of  the  economical  con- 
ference in  Paris  that  it  is  their  intention  not  to  treat  Germany  as 
an  equal,  even  after  peace  has  been  restored,  but  to  continue  their 
hostile  attitude  and  especially  to  wage  a  systematical  economical  war 
against  her. 

The  attempt  of  the  four  allied  powers  to  bring  about  peace  has 
failed  owing  to  the  lust  of  conquest  of  their  enemies,  who  desired 
to  dictate  the  conditions  of  peace.  Under  the  pretense  of  following 
the  principle  of  nationality  our  enemies  have  disclosed  their  real 
aiips  in  this  war,  viz.,  to  dismember  and  dishonor  Germany,  Austria- 
Hungary,  Turkey,  and  Bulgaria.  To  the  wish  of  reconciliation  they 
oppose  the  will  of  destruction.  They  desire  a  fight  to  the  bitter  end. 
•A  new  situation  has  thoa  been  created  which  forces  Oermany  to 
new  decisions.  Since  two  years  and  a  half  England  is  using  her 
naval  power  for  a  criminal  attempt  to  force  Oermany  into  submis- 
sion by  starvation.-  In  bruUtl  contempt  of  International  Law  the 
group  of  Powers  led  by  England  does  not  only  curtail  the  legitimate 
trade  of  their  opponents  but  they  also  by  ruthless  pressure  compel 
neutral  countries  either  to  altogether  forego  every  trade  not  agree- 
able to  the  Entente-Powers  or  to  limit  it  according  to  their  arbitrary 
decrees.  The  American  Oovemroent  knows  the  steps  which  have 
been  taken  to  cause  England  and  her  allies  to  return  to  the  rules 
of  International  Law  and  to  respect  the  freedom  of  the  seas.  The 
English  Government,  however,  insists  upon  continuing  its  war  of 
starvation,  which  does  not  at  all  affect  the  military  power  of  its 
opponents,  but  compels  women  and  children,  the  sick  and  the  aged 
to  suffer  for  their  country  pains  and  privations  which  endanger  the 
vitality  of  the  nation.  Thus  British  tyranny  mercilessly  increases 
the  sufferings  of  the  world  indifferent  to  the  laws  of  humanity, 
indifferent  to  the  protests  of  the  Neutrals  whom  they  severely  harm, 
indifferent  even  to  the  silent  longing  for  peace  among  England's  own 
allies.  Each  day  of  the  terrible  struggle  causes  new  destruction,  new 
sufferings.  Each  day  shortening  the  war  will,  on  both  sides,  pre- 
serve the  life  of  thousands  of  brave  soldiers  and  be  a  benefit  to 
mankind. 

The  Imperial  Government  could  not  justify  before  ite  own  con- 
science, before  the  (Jerman  people  and  before  history  the  neglect 
of  any  means  destined  to  bring  about  the  end  of  the  war.  Like  the 
President  of  the  United  States,  the  Imperial  Government  had  hoped 
to  reach  this  goal  by  negotiations.  Ajfter  the  attempts  to  come  to 
an  understancUng  with*the  Entente- Powers  have  been  answered  by 
the  latter  with  the  announcemet  of  an  intensified  continuation  of 
the  war,  the  Imperial  Government — in  order  to  serve  the  welfare  of 
mankind  in  a  hiffher  sense  and  not  to  wrong  its  own  people — is  now 
compelled  to  continue  the  fight  for  existence,  again  forced  upon  it, 
with  the  full  employment  of  all  the  weapons  which  are  at  its  disposal/ 


k 


THE  UNITED  FTATE8  AND  GERMANY 


801 


Smcerely  trorting  that  the  people  and  Government  of  the  United 
Statfs  will  underatand  the  motives  for  thii  deciaion  and  ita  necenity, 
the  Imperial  Oovcmment  hopes  that  the  Tnited  States  may  view 
the  new  situation  from  the  lofty  heiffhu  of  impartiality  and  assist, 
on  their  part,  to  prevent  further  misery  and  avoidable  sacrifice  of 
human  life. 

Inclosing  two  memoranda  regarding  the  details  of  the  contem- 
plated military  measures  at  sea,  I  remain,  etc.. 

(Signed)        J.  BsBMsroivr. 


[Inclosure  1.] 


MEMORANDUM. 


After  bluntly  refusing  Germany's  peace  offer,  the  Entente-Powers 
stated  in  their  note  addressed  to  the  American  Government  that  they 
are  determined  to  continue  the  war  in  order  to  deprive  Germany 
of  German  provi  ,  «8  in  the  West  and  the  East,  to  destroy  Austria- 
Hungary  and  to  annihilate  Turkey.  In  waging  war  with  such  aims, 
the  Entente- Allies  are  violating  all  rules  of  Internationiil  Law,  as  they 
prevent  the  legitimate  trade  of  Neutrals  with  the  Central  Powers, 
and  of  the  Neutrals  among  themselves.  Qnmany  has,  so  far,  not 
made  unrestricted  use  of  the  weapon  wliich  she  po8«»'88es  in  her  sub- 
marines. Since  the  Entente-Powers,  however,  have  made  it  impos- 
sible to  come  to  an  understanding  based  upon  equality  of  rights  of 
all  nations,  as  proposed  by  tho  Central  Powers,  and  have  instead 
declared  only  such  a  peace  to  be  possible  which  shall  be  diet,  ted 
by  the  Entente-Allies  and  shall  result  in  the  destruction  and  humili- 
atjon  of  the  Central  Powers.  Germany  is  unable  further  to  forego  the 
full  use  of  her  submarines.  The  Imperial  Government,  therefore,  does 
not  doubt  that  the  Government  of  the  United  States  will  undorstand 
the  situation  thus  forced  upon  Germany  by  the  Entente- Allies'  brutal 
methods  of  war  and  by  their  determination  to  destroy  the  Central 
Powers,  and  that  the  Government  of  the  United  States  will  further 
realize  that  the  now  openly  disclosed  intentions  of  the  Entente- 
Allies  give  back  to  Germany  the  freedom  of  the  action  which  she 
reserved  m  her  note  addressed  to  the  Government  of  the  United 
States  on  May  4,  1916. 

Under  these  circumstances  Germany  will  meet  the  illegal  measures 
of  her  enemies  by  forcibly  preventing  after  February  1,  1917,  in  a 
zone  around  Great  Britain,  Prance,  Italy,  and  in  the  Eastern  Medi- 
terranean all  navigation,  that  of  neutrals  included,  from  and  to  Eng- 
land and  from  and  to  France,  etc.,  etc.  All  ships  met  within  that 
zone  will  be  sunk. 

The  Imperial  Government  i^  confident  that  this  measure  will  result 
ma  speedy  termination  of  the  war  and  in  the  restor.ition  ot  peace 
which  the  Government  of  the  United  States  has  so  much  at  heart. 
Like  the  Government  of  the  United  States,  Germany  and  her  allies 


I 


li 

•I; 


302        DIPLOMATIC  CORRESroNDENCE  BETWEEN 

had  hop«d  to  reach  this  goal  bjr  negotiationa.  Now  that  the  war, 
throuch  the  fault  of  Gkrmany'a  enemiea,  haa  to  be  (Htntinaed,  thn 
Imperial  Oovemment  feela  aore  that  the  Ooyemment  of  the  United 
Statea  will  andcratand  the  neeeaaity  of  adopting  roeh  meaaarea  and 
are  deatined  to  bring  about  a  apeedy  end  of  the  horrible  and  oaeleaa 
bloodahed.  The  Imperial  Oovemment  hopes  all  the  more  for  auch  an 
nnderatanding  of  her  poaition,  a*  the  neutrals  have  under  the  preasure 
of  the  Entente-Powers,  suffered  great  loaaea,  being  forced  by  them 
either  to  give  up  their  entire  trade  or  to  limit  it  according  to  condi- 
tions arbitrarily  determined  by  Oermany'a  enemiea  in  violation  of 
International  Law. 


m\ 


•gfc  t 


[Indosure  2.] 


MCMORANDUlf. 


il 


From  February  1,  1917,  all  sea  traffic  will  be  stopped  with  every 
available  weapon  and  without  further  notice  in  the  following  blockade 
zones  around  Oreat  Britain,  France,  Italy,  and  in  the  Eastern  Medi- 
terranean. 

In  the  Norih:  The  zone  is  confined  by  a  line  at  a  diatance  of  20 
aeamiles  along  the  Dutch  coast  to  Terschelling  fire  ship,  the  degree  of 
longitude  from  Terschelling  fire  ship  to  Udsire,  a  line  from  there 
acrosa  the  point  62  dcKrees  north  0  degreea  longitude  to  62  degrees 
north  5  degrees  went,  further  to  a  point  3  aeamiles  south  of  the  south- 
em  point  of  the  Faroe  Islands,  from  there  across  point  62  degrees 
north  10  degrees  west  to  61  degreea  north  15  degrees  west,  then  57 
degrees  north  20  degrees  west  to  47  degrees  nor'h  20  degrees  west, 
further  to  43  degrees  north,  15  degrees  west,  then  ilong  the  degree  of 
latitude  43  degrees  north  to  20  seamilea  from  Cape  Finiaterre  and  at 
a  diatance  of  20  aeamiles  along  the  north  coast  of  Spain  to  the  French 
boundary. 

In  the  Soutli:  The  Mediterranean. 

For  neutral  ahipa  remains  open:  the  sea  west  of  the  line  Pt. 
del'Espiquette  to  38  degreea  20  minutes  north  and  6  degrees  east, 
also  north  and  west  of  a  zone  61  seamilea  wide  along  the  Northafrican 
coast,  beginning  at  2  degrees  longitude  west.  For  the  connection  of 
this  sea  zone  with  Greece  there  is  provided  a  zone  of  a  width  of  20 
seamilea  north  and  east  of  the  following  lines:  38  degrees  north  and  6 
degrees  east  to  38  degrees  north  and  10  degrees  east  to  37  degrees 
north  and  11  degrees  30  minutes  east  to  34  degrees  north  and  11 
degrees  30  minutes  east  to  34  degrees  north  and  22  degreea  30 
minutes  east. 

From  there  leads  a  zone  20  seamiles  wide  west  of  22  degrees  30 
minutes  eaatem  longitude  into  Greek  territorial  waters. 

Neutral  ships  navigating  these  blockade  zones  do  so  at  their  own 
risk.  Although  care  has  been  taken,  that  neutral  ships  which  an*  on 
their  way  toward  ports  of  the  blockade  zones  on  February  1,  1917, 


THE  UNITED  STATES  AND  GERMANY  803 

tnd  h«ve  come  in  the  vicinity  of  the  Utter,  will  be  spared  during  a 
•offleiently  long  period  it  is  itrongly  adviaed  to  warn  them  with  all 
available  means  in  order  to  eaoaa  thair  return. 
«oB-*o'/.r*,?tftir'''"''  "^  f ebruary  1  are  in  port,  of  the  blockaded 
ary  5  1917,  and  take  the  ahortest  route  into  safe  waters 

nrn^H.  *5!!!"''^'*'«  ''^T  *?  ^^  Commander,  of  German  submarine, 
prwde  for  a  suiBetently  long  period  during  which  the  Mfety  of 
paaaenger.  on  unarmed  enemy  paMcnger  .hip.  i.  guaranteed 
-^  „Tf"*ff^  '""J***  ^  ^*  blockade  zone  on  enemy  freight  steamers, 
!h7n.  u  endangered.  "  the  enemy  shipping  firms  can  prevent  such 
ships  in  time  from  entering  the  sone. 
Sailing  oi  regular  American  pa*-; 
disturbed  after  February  1,  1917, 


Ktcamers  may  continue  un- 


■ir 


nnfh 

1    K    ( 


taken  via  the 

degrees  wMt 

which  must 

:  On  ships' 

er  wide  each 

t'f.'  a  mast  should 

d  R  J  I  the  stem  the 


(a)  the  port  of  destination 

(b)  sailing  to  or  coming  f 
Scilly  Islands  and  a  : 

(e)  the  steamers  are  r.  '  . 
not  be  allowed  to  >  i 
hull  and  superstr  lo   ' 
to  be  painted  alt> ..  <  <- 
show  a  large  fla^t     in.      . 
American  national  j'ml.. 

Care  should  be  tiiti-.i  i 
and  painted  marks  are  chh  i 
and  that  the  boats  are  w  I 

(d)  one  steamer  a  week  Mils  in  .....  ^....„„„  „„„  „rr.v»i  ai 
*aImouth  on  Sunday  and  departure  from  Falmouth  on 
Wednesday 

(e)  The  United  States  Government  guarantees  that  no  contra- 
band (according  to  German  contraband  list)  is  carried  by 
those  steamers.  ' 


'  rk,  national  flag 
I  lie  from  a  distance 
•ufiout. 
-Ji  Jiicetion  with  arrival  at 


,  ai  r.ii  • 
•!'..i  thi 


The  Secretary-  of  State  to  the  German  Ambassador. 

Department  of  State, 

Washington,  February  3.  1917. 
EZCELLENCT : 

In  acknowledging  the  note  with  accompanying  memorand  which 
you  delivered  into  my  hands  on  the  afternoon  of  January  3  and 
which  announced  the  purpose  of  your  Government  as  to  the  luture 
conduct  of  submarine  warfare,  I  would  direct  your  attention  to  the 
following  statements  appearing  in  the  correspondence  which   has 


304        DIPLOMATIC  C0BRE8P0NDENCE  BETWEEN 

passed  between  the  Government  of  the  United  States  and  the  Imperial 
Gknnan  Qoverament  in  regard  to  submarine  warfare. 

This  Government  on  April  18,  1916,  in  presenting  the  case  of  the 
Sussex  declared — 

"If  it  is  still  the  purpose  of  the  Imperial  Government  to  prosecute 
relentless  and  indiscriminate  warfare  against  vessels  of  commerce  by 
the  use  of  submarines  without  regard  to  what  the  Government  of  the 
United  States  muat  consider  the  sacred  and  indisputable  rules  of 
international  law  and  the  universally  recognized  dictates  of  humanity, 
the  Government  of  the  United  States  is  at  last  forced  to  the  conclusion 
that  there  is  but  one  course  it  can  pursue.  Unless  the  Imperial  Gov- 
ernment should  now  immediately  declare  and  effect  an  abandonment  of 
its  present  methods  of  submarine  warfare  against  passenger  and 
freight-carrying  vessels,  the  Government  of  the  United  States  can  have 
no  choice  but  to  sever  diplomatic  relations  with  the  German  Empire 
altogether." 

In  reply  to  the  note  from  which  the  above  declaration  is  quoted 
Your  Excellency's  Government  stated  in  a  note  dated  May  4,  1916: 

"The  German  Government,  guided  by  this  idea,  notifies  the  Gov- 
ernment of  the  United  States  that  the  German  naval  forces  have 
received  the  following  orders:  In  accordance  with  the  general  prin- 
ciples of  visit  and  search  and  destruction  of  merchant  vessels  recog- 
nized by  international  law,  such  vessels,  both  within  and  without  the 
area  declared  as  naval  war  zone,  shall  not  be  sunk  without  warning 
and  without  saving  human  lives,  unless  these  ships  attempt  to  escape 
or  offer  resistance.  »  •     . 

"But  neutrals  cannot  expect  that  Germany,  forced  to  fight  for 
her  existence,  shall,  for  the  sake  of  neutral  interests,  restrict  the  use 
of  an  effective  weapon  if  her  enemy  is  permitted  to  continue  to  apply 
at  will  methods  of  warfare  violating  the  rules  of  international  law. 
Such  a  demand  would  be  incompatible  with  the  character  of  neu- 
trality, and  the  German  Government  is  convinced  that  the  Govern- 
ment of  the  United  States  does  not  think  of  making  such  a  demand, 
knowing  that  the  Government  of  the  United  States  has  repeatedly 
declared  that  it  "is  determined  to  restore  the  principle  of  the  freedom 
of  the  seas,  from  whatever  quarter  it  has  been  violated." 

To  this  reply  this.  Government  made  answer  on  May  8,  1916,  in 
the  following  language : 

"The  Government  of  the  United  States  feels  it  necessary  to  state 
that  it  takes  it  for  granted  that  the  Imperial  German  Government  does 
not  intend  to  imply  that  the  maintenance  of  its  newly  announced 
policy  is  in  any  way  contingent  upon  the  course  or  result  of  diplomatic 
negotiations  between  the  Government  of  the  United  States  and  any 
other  belligerent  Government,  notwithstanding  the  fact  that  certain 
passages  in  the  Imperial  Government's  note  of  the  4th  instant  might 


THE  UNITED  STATES  AND  GERMANY  305 

appear  to  he  rasceptible  of  that  construction.  In  order,  however 
qtJirll^/  ^'♦K  I^  misunderstanding,  the  Government  of  the  United 
States  notifies  the  Imperial  Government  that  it  cannot  for  a  moment 
entertain  much  less  discuss,  a  suggestion  that  respect  by  German 
naval  authorities  for  he  rights  of  citizens  of  the  United  States  upoS 
the  high  seas  should  in  any  way  or  in  the  slightest  degree  be  made 

tT  riS  „"fT  ?'^  '^''f''  °'  \°y  '''^"  Government  affeSlng 
the  rights  of  neutrals  and  noncombatants.  ResponsibUity  in  such 
matters  is  single,  not  joint ;  absolute,  not  relative. ' ' 

To  this  Government's  note  of  May  8th  no  reply  was  made  by  the 
Imperial  Government. 

In  one  of  the  memoranda  accompanying  the  note  under  acknowl- 
edgment,  after  reciting  certain  alleged  illegal  measures  adopted  by 
Germany 's  enemies,  this  statement  appears  : 

"The  Imperial  Government,  therefore,  does  not  doubt  that  the 
Government  of  the  United  States  will  understand  the  situation  thuS 
«nThvT-  ^'!:'"""y  ^^  '^'  Entente-Allies'  brutal  methodS  of  S 
and  by  their  determination  to  destroy  the  Central  Powers,  and  that 
the  Government  of  the  United  States  will  further  realize  that  the 

IZZ?\1  '^r'T'^  *"i^"**?°^  °*  ^he  Entente-Allie  gfve  back  to 
Germany  the  freedom  cf  action  which  she  reserved  in  her  note  ad- 
dressed to  the  Government  of  the  United  States  on  May  t  lS?6 

Under  these  circumstanrcs  Germany  will  meet  the  illeifdl  iiiPn<! 

r«  tt'  ^°«T?.^^  *r'>'y  preventing,  afrer  pJS^arj  1    mi 
in  a  zone  around  Great  Britain.  France,  Italv,  and  in  the  eastern 

En1unTanH°fS  "•^'f!'""^  ^''^^  «*  "''"♦'•«»«  '"eluded  from  and  ™ 

In  view  of  this  declaration,  which  withdraws  suddenly  and  with- 

e^mC'  '"''r':'":;*''  ""'"""  "*'"™°''^  ^'^•*'"  •"  *he  Imperial  Gov- 
emments  note  of  May  4,  1916.  this  Government  has  no  alternative 
con^stent  with  the  dignity  and  honor  of  the  United  States  but  o  take 
he  course  which  it  explicitly  announced  in  its  note  of  April  18  1916 
It  would  take  in  the  event  that  ,he  Imperial  Government  did  not 
t!"Z  r'  T  ''•'^""-'"'•"^  «^  'he  methods  of  submarine  war! 

IZ    .17'    '1  *■'"'  '"  "''*^'  ''''  ''"P^"«'  Government  now  pur- 
pose  again  to  resort. 

The  Pi-esident  has.  therefore,  dircetod  me  to  announce  to  Your 

ttleir  f'  ""  '''"'""^""  ^^■''^'""■^  "^^--  '^^  United  StlesL 

It  BeZl"].  ."""■'  "v  T'"'-  ""''  '^''  '''^  ^"•^"••«'«"  ambassador 
at  Berlin  will  he  immed.atH.v  withdrawn,  and  in  accordance  with  such 

announcement  to  deliver  f,  Your  Excellency  your  passport! 
1  nave,  etc,  d 

'  Robert  L.vnsino. 


DIPLOMATIC  COBBESPONDENCE  BETWEEN 

ADDBESS  OF  THE  PBESIDENT  OF  THE  UNITED  STATES. 
DELIVEBED  AT  A  JOINT  SESSION  OF  THE  TWO 
HOUSES  OF  CONGBESS,  FEBBUABY  3,  1917. 


itti  > 


Gentlemen  of  the  Congress  : 

The  Imperial  German  Government  on  the  thirty-first  of  January 
announced  to  this  Government  and  to  the  governments  of  the  other 
neutral  nations  that  on  and  after  the  first  day  of  February,  the 
present  month,  it  would  adopt  a  policy  with  regard  to  the  use  of 
submarines  against  all  shipping  seeking  to  pass  through  certain 
designated  areas  of  the  high  seas  to  which  it  is  clearly  my  duty  to 
call  your  attention. 

Let  me  remind  the  Congress  that  on  the  eighteenth  of  April  last, 
in  view  of  the  sinking  on  the  twenty-fourth  of  March  of  the  cross- 
channel  passenger  steamer  Sussex  by  a  German  submarine,  without 
summons  or  warning,  and  the  consequent  loss  of  the  lives  of  several 
citizens  of  the  United  States  who  were  passengers  abc,  rd  her,  this 
Government  addressed  a  note  to  the  Imperial  German  Government 
in  which  it  made  the  following  declaration : 

"  If  it  is  still  the  purpose  of  the  Imperial  Government  to  prosecute 
relentless  and  indiscriminate  warfare  against  vessels  of  commerce  by 
the  use  of  submarines  without  regard  to  what  the  Government  of 
the  United  States  must  consider  the  sacred  and  indisputable  rules 
of  international  law  and  the  universally  recognized  dictates  of 
humanity,  the  Government  of  the  United  States  is  at  last  forced  to 
the  conclusion  that  there  is  but  one  course  it  can  pursue.  Unless 
the  Imperial  Government  should,  now  immediately  declare  and  effect 
an  abandonment  of  its  present  methods  of  submarine  warfare  against 
passenger  and  freight-carrying  vessels,  the  Government  of  the  United 
States  can  have  no  choice  but  to  sever  diplomatic  relations  with  the 
German  Empire  altogi^ther." 

In  reply  to  this  declaration  the  Imperial  German  Government 
gave  this  Government  the  following  assurance : 

"The  German  Government  is  prepared  to  do  its  utmost  to  confine 
the  operations  of  war  for  the  rest  of  its  duration  to  the  fighting 
forces  of  the  belligerents,  thereby  also  insuring  the  freedom  of  the 
seas,  a  principle  upon  which  the  Germaii  Government  believes,  now 
as  before,  to  be  in  agreement  with  the  Government  of  the  United 
Stati's. 

"The  (Jenrian  Government,  (jui'li'l  by  this  idea,  notifirs  the  Gov- 
ernment of  the  United  States  that  the  German  naval  forces  have  re- 


THE  UNITED  STATES  AND  GEBMA>nr  307 

eeiyed  the  followinsr  orders:  In  accordance  with  the  ireneral  orin- 
cipl«.  of  vwit  and  search  and  destruction  of  merchant  Wte  rfc^ 

i«H  ^fhit^*^'^*? "'  l!*^*^  "f.'  «»°*'  "*>»"  "ot  ^  suiik  without  warnine 

«„hi.'??*'k'  '*  "^'^f'^'  "neotf's  can  not  expect  that  Germany,  forced  to 
flght  for  her  existence.  shaU.  for  the  sake  of  neutral  interest  reSict 
the  use  of  an  effective  weapon  if  her  enemy  is  permitJeHo  ooSue 
to  appy  at  will  methods  of  warfare  violating  the  rJes  of  "nW 
tional  law.  Such  a  demand  would  be  incompatible  with  the  cK!^ 
acter  of  neutrality,  and  the  German  Government  is  convinced  thai 
the  Government  of  the  United  States  does  not  think  of  makS  such 
a  demand,  knowing  that  the  Government  of  the  United  States  h« 

SeTreedl'^rf'fh'^  '^V  "  ^.^*^™'"^*^  *«  resTore  the  prindple^ 
the  freedom  of  the  seas,  from  whatever  quarter  it  has  been  violated  '• 

To  this  the  Government  of  the  United  States  replied  on  the  eighth 
of  May,  accepting,  of  course,  the  assurances  given,  but  adding. 

fjf'^^t  ^<>^^™"'«i»t  0'  the  United  States  feels  it  necessarv  to  state 
}^  '*/^f  '}  '"r  «™°*«^  *»»«*  the  Imperial  German  Gc^ernment 
i^o^.'^''''^  *°  ""P*y  '^"^  '^'  maintenance  of  its  newly  announced 
St.?  i  '".*??'  """l  <=0''t>°8ent  upon  the  course  or  result  of  diplo 
matic  negotiations  between  the  Government  of  the  United  States 
and  any  other  belligerent  Government,  notwithstanding  thefart  that 
certain  passages  m  the  Imperial  Government's  note  of  the  4th1n8tan 
might  appear  to  be  susceptible  of  that  construction.  In  order  how- 
tr^^'uK  ^''o**  *"y  P*^''''^  misunderstanding,  the  Government  of 
the  United  States  notifies  the  Imperial  Government  that  It  Tan  n2 
for  a  moment  entertain,  much  less  discuss,  a  suggestion  that  resJS 

sLtTDon°th^r^"''*'^'°^*.'^•  "'''''  ''  ei^ens°o/Si  UnSS 
atates  upon  the  high  seas  should  in  any  way  or  in  the  slightest 

Wml  t?  ,n;.h^  *^'.  "^''*'  ?^  r"*''"'?  ""'^  nonrombatants.    RespoS- 
bility  m  such  matters  is  single,  not  joint;  absolute,  not  relative  " 

To  this  note  of  the  eighth  of  May  the  Imperial  German  Govern- 
ment made  no  reply. 

On  the  thirty-first  of  January,  the  Wednesday  of  the  present  week 
the  German  Ambassador  handed  to  the  Secretary  of  State,  along 
with  a  formal  note,  a  memorandum  which  contains  the  followine 
statement : 

"The  Imperial  Government,  therefore,  does  not  doubt  that  the 
Government  of  the  United  States  will  understand  the  situation  tl," 
in  IhvTh?  ^,'t™'"^'  ^^  ^^'  Entente-Allies'  brutal  methods  .f  wuV 
and  by  their  detomination  to  destroy  the  Central  Powers,  and  that 
the  Government  ot  the  United  States  wiU  further  realize  thit  th    now 


308        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

onenly  dudoged  intentioM  of  the  Entente- Allies  give  back  to  Ger- 
niwiy  the  freedom  of  action  which  ahe  reaerved  in  her  note  addressed 
to  the  Government  of  the  United  States  on  May  4,  1916. 

"Under  theae  circumstances  Germany  will  meet  the  illegal 
meaaorea  of  her  enemies  by  forcibly  preventing  after  February  1, 
1917  in  a  zone  around  Great  Britain,  France,  Italy,  and  in  the 
Eastern  Mediterranean  all  navigation,  that  of  neutrals  included,  from 
and  to  England  and  from  and  to  France,  etc.,  etc.  AU  ships  met 
within  the  zone  will  be  sunk." 

'I  think  that  you  will  agree  with  me  that,  in  view  of  this  declara- 
tion, which  suddenly  and  without  prior  intimation  of  any  kind 
deliberately  withdraws  the  solemn  assurance  given  in  the  Imperial 
Government's  note  of  the  fourth  of  May,  1916.  this  Government  has 
no  alternative  consistent  with  the  dignity  and  honour  of  the  United 
States  but  to  take  the  course  which,  in  its  note  of  the  eighteenth  of 
April,  1916,  it  announced  that  it  would  take  in  the  event  that  the 
German  Government  did  not  declare  and  effect  an  abandonment  of 
the  methods  of  submarine  warfare  which  it  was  then  employing  and 
to  which  it  now  purposes  again  to  resort. 

I  have,  therefore,  directed  the  Secretary  of  State  to  announce 
to  His  Excellencv  the  German  Ambassador  that  all  diplomat  ie  rela- 
tions between  the  United  States  and  the  German  Empire  are  severed, 
and  that  the  American  Ambassador  at  Berlin  will  immediately  he 
withdrawn*!  and,  in  accordance  with  this  decision,  to  hand  to  His 
Excellency  his  passports. 

Notwithstanding  this  unexpected  action  of  the  German  Govern- 
ment, this  sudden  and  deeply  deplorable  renunciation  of  its  assur- 
ances, given  this  Government  at  one  of  the  most  critical  moments  of 
tension  in  the  relations  of  the  two  governments.  I  refuse  to  believe 
tliat  it  is  the  intention  of  the  German  authorities  to  do  in  fact  what 
they  have  warned  us  they  will  feel  at  liberty  to  do.  I  cannot  bring 
myself  to  believe  that  they  will  indeed  pay  no  regard  to  the  ancient 
friond.ship  between  their  people  and  our  own  or  to  tiK.  solemn  obli- 
gations which  liave  been  exehanRcd  between  them  and  destroy  Ameri- 
can ships  and  take  tlie  lives  of  American  citizens  in  the  wilful  prose- 
eution  of  the  ruthless  naval  programme  they  have  announced  their 
intention  to  adopt.  Only  actual  overt  acts  on  their  part  can  make 
me  believe  it  even  now. 

If  thi.s  inveterate  confidence  on  my  part  in  the  sobriety  and  prudent 
foresight  of  their  purpose  should  unhappily  prov.  unfounded;  if 
American  ships  ulJ  American  lives  should  in  fact  be  sacriticed  by 


■.c'Si]:'^ 


kL^;M-:^M 


THE  UNITED  STATES  AND  GERMANY 


3C9 


their  naval  commanders  in  heedleas  contravention  of  the  joat  and 
reasonable  understandings  of  international  law  and  the  obvious  dic- 
tates of  humanity,  I  shall  take  the  liberty  of  coming  again  before  the 
Congress,  to  ask  that  authority  be  given  me  to  use  any  means  that 
may  be  necessary  for  the  protection  of  our  seamen  and  our  people  in 
the  prosocution  of  their  peaceful  and  legitimate  errands  on  the  high 
seas.  I  can  do  nothing  less.  I  take  it  for  granted  that  all  neutral 
governments  will  take  the  same  course. 

We  do  not  desire  any  hostile  conflict  with  the  Imperial  German 
Government.  We  are  the  sincere  friends  of  the  German  people  and 
earnestly  desire  to  remain  at  peace  with  the  Government  which 
speaks  for  them.  We  shall  not  believe  that  they  are  hostile  to  us 
unless  and  until  v/u  are  obliged  to  believe  it ;  and  we  purpose  nothing 
more  than  the  reasonable  defens(?  of  the  undoubted  rights  of  our 
people.  We  wish  to  serve  no  selfish  ends.  We  seek  merely  to  stand 
true  alike  in  thought  and  in  action  to  the  immemorial  principles  of 
our  people  which  I  sought  to  express  in  my  address  to  the  Senate 
only  two  weeks  ago,— seek  merely  to  vindicate  our  right  to  liberty 
and  justice  and  an  unmolested  life.  These  arc  the  bases  of  peace, 
not  war.  God  grant  we  may  not  be  challenged  to  defend  them  by 
acts  of  wilful  injustice  on  the  part  of  the  Government  of  Germany  I 


The  Vinvster  of  Switzerland  in  Charge  of  German  Interests  in 
America  to  the  Secretary  of  State. 

[Translation.] 

Legation  of  Switzhsland, 

Washington,  March  23,  1917.' 
Mr.  Secretary  of  State: 

The  Political  Department,  Division  of  Foreign  Affairs,  instructs 
me  and  I  have  hereby  the  honor  to  notify  the  Government  of  the 
United  States  as  follows: 

"The  Imperial  German  Government  to-day  gave  notice  of  an 
extension  of  the  submarine  blockade,  according  to  which  it  will 
henceforth  and  without  further  notice  oppose  by  every  means  in  its 
power  any  navigation  whatboever  of  the  waters  of  the  Arctic  Ocean 
lying  east  and  south  of  the  seventy-fifth  degree  of  latitude  north,  with 
the  exception  of  the  Norwegian  territorial  waters.  Neutral  vessels 
navigating  that  zone  would  do  so  at  their  risk  and  peril.    Steps,  how- 

'  Received. 


310        DIPLOMATIC  COBRESPONDBNCB  BETWEEN 

ever  have  been  taken  directing  that  neutral  vesaels  already  on  their 
way  to  porta  within  the  newly  prohibited  lone  or  intending  to  leave 
thwe  porta  ahonld  not  ontU  the  5th  of  April  be  attacked  without 

previous  warning."  

Be  pleaaed,  etc.,  P-  KiTTra. 


The  Minister  of  Switzerland  in  Charge  of  German  Interetts  in 
America  to  the  Secretary  of  State. 

[Translation.] 

Legation  of  Switzerland, 
Washington,  March  24,  1917. 
Mb.  Secretart  of  State  : 

In  continuation  of  my  note  of  yesterday  I  am  as^g^  «nd  I  have 
the  honor  to  inform  Your  Excellency  that,  accordingji  a  telegram 
received  this  day  from  the  Political  Department,  the  Offaan  Govern- 
ment's notice  of  the  blockade  of  the  Arctic  Ocean  is  to  be  completed 
as  follows: 

"he  blockaded  waters  east  of  the  24th  degree  of  longitude  east 
and  sr  th  of  the  seventy-fifth  degree  of  latitude  north." 

te  pleased,  etc.,  P-  Ritteb. 

Part  XXV. 

OPOSED  MODIFICATION  OF  TREATY  OP  1799  CON- 
'  RNING  THE  TREATMENT  OF  CITIZENS  AND  PROP- 
EiiTY  (2)  OFFER  TO  NEGOTIATE  FORMALLY  OR 
IN  JRMALLY  WITH  THE  UNITED  STATES,  PROVIDED 
»     .CKAl  B  AGAINST  ENGLAND  IS  NOT  BROKEN. 


The 


f  Switzerland  in  Charge  of  German  Interests  in 
America  to  the  Secretary  of  State. 


Legation  of  Switzerland, 
Washington,  February  10,  1917. 
Mb.  Secretaby  of  State: 

The  German  Legation  at  Berne  has  communicated  the  following 
to  the  Swiss  Political  Department  (Foreign  Office) : 

"The  American  treatv  of  friendship  and  commerce  of  the 
eleventh  of  -lulv,  1799.  provides  by  Article  23  for  the  treatment  of 
the  subjects  or  "citizens  of  the  two  States  and  their  property  in  the 


THE  UNITED  STATES  AND  GERMANY 


311 


event  of  war  between  the  two  States.  Thia  Article,  which  is  without 
queation  in  full  force  as  rcijarda  the  relationa  between  the  German 
Empire  and  the  United  States,  requires  certain  explanations  and 
additions  on  account  of  the  development  of  international  law.  The 
German  Government  therefore  proposes  that  a  special  arrangement 
be  now  signed,  of  which  the  English  text  is  as  follows : ' ' 

"Agreement  between  Germany  and  the  United  States  of  America 
concerning  the  treatment  of  each  other's  citizens  and  their  private 
property  after  the  severance  of  diplomatic  relations. 

"Article  1).  After  the  severance  of  diplomatic  relations  be- 
tween Germany  and  the  United  States  of  America  and  in  the  event 
of  the  outbreak  of  war  between  the  two  powers,  the  citizens  of  eithpr 
party  and  their  private  property  in  the  territory  of  the  other  party 
shall  be  treated  according  to  article  23  of  the  treaty  of  amity  and 
commerce  between  Prussia  and  the  United  States,  of  the  11th  of  July, 
1799,  with  the  following  explanatory  and  supplementary  clauses: 

"Article  2L  German  merchants  in  the  United  States  and 
American  mercnants  in  Germany  shall,  so  far  as  the  treatment  of 
their  persons  %^d  their  property  is  concerned,  be  held  in  every 
respect  on  a  par  with  the  other  persons  mentioned  in  article  23. 
They  shall  accordingly,  even  after  the  period  provided  for  in  article 
23  has  elapsed,  be  entitled  to  remain  and  continue  their  profession 
in  the  country  of  their  residence.  Merchants  as  well  as  the  other 
persons  mentioned  in  article  23  may  be  excluded  from  fortified 
places  and  other  places  of  military  importanee. 

"Article  3).  Germans  in  the  United  States  and  Americans  in 
Germany  shall  be  free  to  leave  the  country  of  their  residence  within 
the  time  and  by  the  routes  that  shall  be  assured  to  them  by  the 
proper  authorities.  The  persons  departing  shall  be  entitled  to  take 
along  their  oersonal  property,  including  money,  valuables,  and  bank 
accounts,  CAcepting  such  property  the  exportation  of  which  is  pro- 
hibited according  to  general  pi-ovisions. 

"Article  4).  The  protection  of  Germans  in  the  United  States 
and  of  Americans  in  Germany  and  of  their  property  shall  be  guaran- 
teed in  accordance  with  the  laws  existing  in  the  countries  of  either 
party.  They  shall  be  under  no  other  restrictions  concerning  the 
enjoyment  of  their  private  rights  and  the  judicial  enforcement  of 
their  rights  than  neutral  residents.  They  may  accordingly  not  be 
transferred  to  concentration  camps,  nor  shall  their  private  property 
be  subject  to  sequestration  or  liquidation  or  other  compulsory  aliena- 
tion except  in  case  that  under  the  existing  laws  agply  also  to  neu- 
trals. As  a  general  rule  German  property  in  the  United  States  and 
American  property  in  Germany  shall  not  be  subject  to  sequestration 
or  liquidation,  or  other  compulsory  alienation  under  other  conditions 
than  neutral  property. 

"Article  5).  Patent  rights  or  other  protected  rights  held  by 
Germans  in  the  United  .States  or  Americans  in  Germany  shall  not 
be  declared  void,  nor  shall  the  exercise  of  such  rights  be  impeded,  nor 
shall  such  rights  be  transferred  to  others  without  the  consent  of  the 


lapai 


312        DIPLOMATIC  CORRESPONDENCE  BETWEEN 


<%t 


person  entitled  thereto,  provided  that  regaUtiona  made  exdaaively 
in  the  intereat  of  the  State  shall  apply. 

"Article  6).  Contracts  made  between  Germans  and  Americana, 
cither  before  or  after  the  severance  of  diplomatic  relations,  also 
obligations  of  all  kinds  between  Qermans  and  Americans,  shall  not 
bo  declared  cancelled,  void,  or  in  suspension,  except  under  pro- 
visions applicable  to  neutrals.  Likewise  the  citizens  of  either  party 
shall  not  be  impeded  in  fulfilling  their  liabilities  arising  from  such 
obligations,  either  by  injunctions  or  by  other  provisions,  unless  these 
apply  to  neutrals. 

"Abticlk  7).  The  provisions  of  the  sixth  Hague  Convention, 
relative  to  the  treatment  of  enemy  merchant  ships  at  the  outbreak  of 
hostilities,  shall  apply  to  the  merchant  vessels  of  either  party  and 
their  cargo.  The  aforesaid  ships  may  not  be  forced  to  leave  port 
unless  at  the  same  time  they  be  given  a  pass,  recognized  as  binding 
by  all  the  enemy  sea  powers,  to  a  home  port,  or  a  port  of  an  allied 
country,  or  to  another  port  of  the  country  in  which  the  ship  happens 
to  be. 

"Article  8).  The  regulations  of  chapter  3  of  the  eleventh  Hague 
Convention,  relative  to  certain  restrictions  in  the  exercise  of  the 
right  of  capture  in  maritime  war,  shall  apply  to  the  captains,  officers, 
and  members  of  the  crows  of  merchant  ships  specified  in  article  7, 
and  of  such  merchant  ships  as  may  be  captured  in  the  course  of 
a  possible  war. 

"Article  9).  This  agreement  shall  apply  also  to  the  colonies 
and  other  foreign  possessions  of  either  party." 

I  am  instructed  and  have  the  honor  to  bring  the  foregoing  to 
your  Excellency's  knowledge  and  to  add  that  the  Qcrraan  Qovern- 
ment  would  consider  the  arrangement  as  concluded  and  act  accord- 
ingly as  soon  as  the  consent  of  the  American  Oovernment  shall  have 
been  eommuniocted  to  it  through  the  Swiss  Oovernment. 

Be  pleased,  etc.,  P.  Ritteb. 


El, 

i!  - 1 


The  Secretary  of  State  to  the  Minister  of  Switzerland  in  charge  of 
German  interests  in  America. 

Department  of  State. 
Washington,  March  20,  1917. 
Sir:  I  beg  to  acknowledge  the  reeei[)t  i)£  your  note  of  February 
10th  presenting  the  proposals  of  the  German  Government  for  an 
interpretative  and  supplementary  agreement  as  to  Article  23  of  the 
Treaty  of  1799.  After  due  consideration,  I  have  to  inform  you  that 
the  Government  of  the  United  States  is  not  disposed  to  look  with 
favor  upon  the  proposed  agreement  to  alter  or  supplement  the  mean- 


THE  UNITED  STATES  AND  GERMANY  313 

ing  of  Article  23  of  this  Treaty.  Thii  podtion  of  the  Government  of 
the  United  SUtee,  which  might  under  other  conditions  be  different,  ie 
due  to  the  repeated  violations  by  Germany  of  the  Ti-eaty  of  1828  and 
the  Articles  of  the  Treaties  of  1785  and  1799  rev  '"d  by  the  Treaty  of 
1828.    It  is  not  necessary  to  narrate  in  d'  le  violation*,  for  the 

attention  of  the  German  Government  h  called  to  the  circnm- 

stances  of  cai-h  instance  of  violation,  but  ■.  /  here  refer  to  certain 
of  them  hriefly  and  in  general  terms: 

Since  the  sinking  of  the  American  steamer  William  P.  Frye  for 
the  carriage  of  contraband,  there  have  been  perpetrated  by  the  Ger- 
man naval  forces  similar  unwarranted  attacks  upon  and  destruction 
of  numerous  American  vessels  for  the  reason,  as  alleged,  that  they 
were  engaged  in  transportation  of  articles  of  contraband,  notwith- 
standing and  in  disregard  of  Article  13  of  the  Treaty  of  1799.  that 
"No  such  articles  (of  contraband)  carried  in  the  vessels  or  by  the 
subjects  or  citizens  of  either  party  to  the  enemies  of  the  other  shall 
be  deemed  contraband  so  as  to  induce  confiscation  or  condemnation 
and  a  loss  of  property  to  individuals,"  and  that  "In  the  case  .  .  .  of 
a  vessel  stopped  for  articles  of  contraband,  if  the  master  of  the  vessel 
stopped  will  deliver  out  the  goods  supposed  to  be  of  contraband 
nature,  he  shall  be  admitted  to  do  it,  and  the  vessel  shall  not  in  that 
case  be  carried  into  any  port  or  further  detained,  but  shall  be  allowed 
to  proceed  on  her  voyage. ' ' 

In  addition  to  the  sinking  of  American  vessels,  foreign  merchant 
vessels  carrying  American  citizens  and  American  property  have  been 
sunk  by  German  submarines  without  warning  and  without  any  ade- 
quate security  for  the  safety  of  the  persons  on  board  or  compensation 
for  the  destruction  of  the  property  by  such  action,  notwithstanding 
the  solemn  engagement  of  Article  15  of  the  Treaty  of  1799  that  "All 
persons  belonging  to  any  vessel  of  war,  public  or  private,  who  shall 
molest  or  insult  in  any  manner  whatever  the  people,  vessels,  or 
effects  of  the  other  party  shall  be  responsible  in  their  persons  and 
property  for  damages  and  interest,  sufficient  security  for  which  shall 
be  given  by  all  commanders  of  private  armed  vessels  before  they  are 
commissioned."  and  notwithstanding  the  further  stipulation  of  Article 
12  of  the  Treaty  of  1785  that  "The  free  intercourse  and  commerce 
of  the  subjects  or  citizens  of  the  party  remaining  neutral  with  the 
belligerent  powers  shall  not  he  interrupted."  Disregarding  these 
obligations,  the  German  Government  has  proclaimed  certain  zones 
of  the  high  seas  in  which  it  declared  without  reservation  that  all 
ships,  including  those  of  neutnUs,  will  be  sunk,  and  in  those  zones 


^i^ 


Bh\ 


•J 


3U       DIPLOMATIC  CORRESPONDENCE  BETWEEN 

German  rabmurinca  have,  in  fact,  in  aceordance  with  thia  declaration, 
mthleaaly  aunk  merchant  veaela  and  Jeopardized  or  deitrnyed  the 
livea  of  American  citiscna  on  board. 

IforeoTer,  lince  the  leverance  of  relations  between  the  I'nited 
Statea  and  Ckrmany,  certain  American  citizens  in  Germany  have  been 
prevented  from  removing  frctly  from  the  country.  While  this  ia  not 
a  violation  of  the  terms  of  the  treaties  mentioned,  it  ia  a  disregard 
of  the  reciprocal  liberty  of  intercount  between  the  two  countries  in 
time  of  peace,  and  cannot  be  taken  otherwise  than  as  an  indication  of 
a  purpose  on  the  part  of  the  German  Oovcrument  to  disregard  in 
the  event  of  war  the  similar  liberty  of  action  provided  for  in  Article 
23  of  the  Treaty  of  1799— the  very  article  which  it  is  now  propoaed 
to  interpret  and  supplement  almost  wholly  in  the  interest  of  the  large 
number  of  German  subjects  residing  in  the  United  States  and  enjoy- 
ing in  their  persons  or  property  the  protection  of  the  United  States 
Government.  This  article  provides  in  effect  that  merchants  of  cither 
country  residing  in  the  other  shall  be  allowed  a  stated  time  in  which 
to  remain  to  settle  their  affairs  and  to  "depart  freely,  carrying  off 
all  their  effects  without  molestation  or  hindrance,"  and  women  and 
children,  artisans  and  certain  others,  may  continue  their  respective 
employments  and  shall  uot  be  molested  in  their  persons  or  property. 
It  is  now  proposed  by  the  Imperial  German  Government  to  enlarge 
the  scope  of  this  article  so  as  to  grant  to  Gerniiin  subjects  and  Ger- 
man property  remainiag  in  the  United  States  in  time  of  war  the  same 
treatment  in  many  respects  as  that  enjoyed  by  neutral  subjects  and 
neutral  property  in  the  United  States. 

In  view  of  the  clear  violations  by  the  German  authorities  of  the 
plain  terms  of  the  treaties  in  question,  solemnly  concluded  on  the 
mutual  understanding  that  the  obligations  thereunder  would  be  faith- 
fully kept;  in  view,  further,  of  the  disregard  of  the  canons  of 
international  courtesy  and  the  comity  of  nations  in  the  treatment  of 
innocent  American  citizens  in  Germany,  the  Government  of  the  United 
States  cannot  perceive  any  advantage  which  would  flow  from  fur- 
ther engagements,  even  though  they  were  merely  declaratory  of 
international  law.  entered  into  with  the  Imperial  German  Govern- 
ment in  regard  to  the  meaning  of  any  of  the  articles  of  these  treaties, 
or  as  supplementary  to  them.  In  these  circumstances,  therefore,  the 
Government  of  the  United  States  declines  to  enter  into  the  special 
protocol  proposed  by  the  Imperial  Government. 

I  feel  constrained,  in  view  of  the  circumstances,  to  add  that  this 
Government  is  seriously  considering  whether  or  not  the  Treaty  of 


H.^■i; 


THE  UNITED  STATES  AND  GERMANY 


315 


1828  and  th«  rerived  artielci  of  the  treaties  of  1785  and  1799  have 
not  been  in  effect  abrogated  by  the  German  Government 'a  flagrant 
violations  of  their  proviaiona,  for  it  would  be  manifestly  anjuit  and 
inequitable  to  require  one  party  to  an  agreement  to  observe  its 
stipolations  and  to  permit  the  other  party  to  disregard  them.  It 
would  appear  that  the  mntnality  of  the  nndertaking  haa  been  de- 
stroyed by  the  condact  of  the  German  authorities. 

Accept,  etc.,  Robert  Lanbino. 


Statement  given  to  the  preu  by  the  Department  of  State,  February  12, 

1917. 

Department  or  State, 
February  12.  1917. 

In  view  of  the  appearance  in  the  newspapers  of  February  11  of  a 
report  that  Germany  was  initiating  negotiations  with  the  United 
States  in  regard  to  submarine  warfare,  the  Department  of  State  makes 
the  following  statement : 

A  suggestion  was  made  orally  to  the  Department  of  State  late 
Saturday  afternoon  by  the  minister  of  Switzerland  that  the  German 
Government  is  willing  to  negotiate  with  the  United  States,  provided 
that  the  commercial  blockade  against  England  would  not  be  inter- 
fered with.  ^  t  the  request  of  the  Secretary  of  State,  this  suggestion 
was  made  in  writing  and  presented  to  him  by  the  Swiss  Minister  Sun- 
day night.    The  communication  is  as  follows : 


'   IIEUORAN'DUH. 

"The  Swiss  Government  has  been  requested  by  the  German  Gov- 
ernment to  say  that  the  latter  is,  now  as  before,  willing  to  negotiate, 
formally  or  informally,  with  the  United  States,  provided  that  the 
commercial  blockade  against  England  will  not  be  broken  thereby. 

"P.  Ritter." 

This  memorandum  was  given  immediate  consideration  and  the  fol- 
lowing reply  was  dispatched  to-day: 

"Mt  dear  Mr.  Minister: 

"I  am  requested  by  the  President  to  say  to  you,  in  acknowledging 
the  memorandum  which  you  were  kind  enough  to  send  me  on  the  11th 
instant,  that  the  Government  of  the  United  States  would  gladly  dis- 
cuss with  the  German  Government  any  questions  it  might  propose  for 
discussion  were  it  to  withdraw  its  proclamation  of  the  31st  of  January 
in  which,  suddenly  and  without  previous  intimation  of  any  kind,  it 
canceled  the  assurances  which  it  had  given  this  Government  ou  the 


Muaiocorv  hsoiution  tbt  chait 

(ANSI  ond  ISO  TEST  CHART  No.  2) 


J      APPLIED   IM^GE      Inc 

^         1653  East   Mam  Street 

Rochester.  New  Yorh        U609       USA 
(7)6)   482  -  O300-Phon« 
(716)   2Se-  S90fi  -FoK 


316        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

4th  of  last  May,  but  that  it  does  not  feel  that  it  can  enter  into 
any  discussion  with  the  German  Gtovernment  concerning  the  policy  of 
submarine  warfare  against  neutrals  which  it  is  now  pursuing  unless 
and  until  the  German  Government  renews  its  assurances  of  the  4th 
of  May  and  acts  upon  the  assurance. 

"I  am,  my  dear  Mr.  Minister,  etc., 

"Robert  Lansing." 
"His  Excellency  Dr.  Paul  Ritter, 

"Minister  of  Switzerland." 

No  other  interchange  on  this  subject  had  taken  place  between  this 
(Jovemment  and  any  other  Government  or  person. 


Part  XXVI. 

DECLARATION  OF  WAR  AGAINST  THE  IMPERIAL  GERMAN 

GOVERNMENT. 


ll. 


Circular  Telegram  from  the  Department  of  State  to  all  Missions. 

Department  of  State, 
Washington,  April  2,  1917. 
The  President  addressed  the  Special  Session  of  Congress  this  eve- 
ning in  regard  to  the  international  situation.  After  briefly  reviewing 
the  submarine  controversy  with  Germany,  he  pointed  out  that  the 
present  submarine  warfare  is  a  warfare  against  mankind;  that  in 
view  of  developments  armed  neutrality  is  worse  than  ineffectual  and 
is  only  likely  to  produce  what  it  was  meant  tu  prevent ;  that  we  cannot 
choose  the  path  of  submission  and  are  arraying  ourselves  against 
wrongs  which  cut  to  the  very  roots  of  human  life.  With  a  profound 
sense  of  the  solemn  and  even  tragical  character  of  the  step  he  advised 
the  Congress  to  declare  the  recent  course  of  the  German  Government 
to  be  in  effect  nothing  less  than  war  against  the  Government  and 
people  of  the  United  States  and  proposed  that  it  take  immediate 
steps  to  put  the  country  in  a  thorough  state  of  defense  and  employ 
all  its  power  and  resources  to  bring  the  German  Empire  to  terms  and 
end  the  war.  This  will  involve  utmost  practicable  cooperation  ki 
counsel  and  action  with  the  Governments  now  at  war  with  Germany; 
the  extension  of  financial  credits,  material  aid,  and  addition  to  armed 
forces  of  at  least  500.000  men  upon  principle  of  universal  military 
service.    Legislative  proposals  along  these  lines  will  be  promptly  in- 


THE  UNITED  STATES  AND  GERMANY 


317 


trodueed.  We  have  no  quarrel  with  the  German  people,  but  only 
with  the  autocratic  government  which  has  brought  on  the  present 
situation.  The  world  must  be  made  safe  for  democracy,  which  seems 
to  be  in  the  balance.  We  have  no  selfish  ends  to  serve.  We  desire 
no  conquest,  no  dominion;  wf  seek  no  indemnities  for  ourselves,  no 
material  compensation  for  the  sacrifices  we  shall  freely  make.  We 
are  but  one  of  the  champions  of  the  rights  of  mankind. 

The  following  Joint  Resolution  was  immediately  introduced  and 
referred  to  the  Foreign  Relations  and  Foreign  Affairs  Committees 
which  meet  to-morrow  morning  for  its  consideration: 

"Joint  Resolution  declaring  that  a  state  of  war  exists  between  the 
Imperial  German  Government  and  the  Government  and  people 
of  the  United  States  and  making  provision  to  prosecute  the  same. 
"Whereas,  the  recent  acts  of  the  Imperial  Government  are  acts 
of  war  against  the  Government  and  people  of  the  United  States: 
"Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  the  state  of 
war  between  the  United  States  and  the  Imperial  Government  which 
has  thus  been  thrust  upon  the  United  States  is  hereby  formally  de- 
clared ;  and, 

"That  the  President  be,  and  he  is  hereby  authorized  and  directed 
to  take  immediate  steps  not  only  to  put  the  country  in  a  thorough 
state  of  defense  but  also  to  exert  all  of  its  power  and  employ  all  of  its 
resources  to  carry  on  war  against  the  Imperial  German  Government 
and  to  bring  the  conflict  to  a  successful  termination." 

Lansing. 


ADDRESS  OF  THE  PRESIDENT  OF  THE  UNITED  STATES. 
DELIVERED  AT  A  JOINT  SESSION  OF  THE  TWO 
HOUSES  OF  CONGRESS,  APRIL  2,  1917. 


Gentlemen  of  the  Congress: 

I  have  called  the  Congress  into  extraordinary  session  because  there 
are  serious,  vury  serious,  choices  of  policy  to  be  made,  and  made 
immediately,  which  it  was  neither  right  nor  constitutionally  permis- 
sible that  I  should  assume  the  responsibility  of  making. 

On  the  third  of  February  last  I  officially  laid  before  you  the 
extraordinary  announcement  of  the  Imperial  German  Government 
that  on  and  after  the  first  day  of  February  it  was  its  purpose  to 


Iff 


':^1 


e  •  ■'•  1 


318        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

put  aside  all  restraints  of  law  or  of  humanity  and  use  its  sub- 
marines to  sink  every  vessel  that  sought  to  approach  either  the  ports 
of  Great  Britain  and  Ireland  or  the  western  coasts  of  Europe  or 
any  of  the  ports  controlled  by  the  enemies  of  Germany  within  the 
Mediterranean.    That  had  seemed  to  be  the  object  of  the  German 
submarine  warfare  earlier  in  the  war,  but  since  April  of  last  year 
the  Imperial  Government  had  somewhat  restrained  the  commanders 
of  its  undersea  craft  in  conformity  with  its  promise  then  given  to 
us  that  passenger  boats  should  not  be  sunk  and  that  due  warning 
would  be  given  to  all  other  vessels  which  its  submarines  might  seek 
to  destroy,  when  no  resistance  was  offered  or  escape  attempted,  and 
care  taken  that  their  crews  were  given  at  least  a  fair  chance  to  save 
their  lives  in  their  open  boats.    The  precautions  taken  were  meagre 
and  haphazard  enough,  as  was  proved  in  distressing  instance  after 
instance  in  the  progress  of  the  cruel  and  unmanly  business,  but  a 
certain  degree  of  restraint  was  observed.    The  new  policy  has  swept 
every  restriction  aside.    Vessels  of  every  kind,  whatever  their  flag, 
their  character,  their  carj<o,  their  destination,  their  errand,  have  been 
ruthlessly  sent  to  the  bottom  without  warning  and  without  thought 
of  help  or  mercy  for  those  on  board,  the  vessels  of  friendly  neutrals 
along  with  those  of  belligerents.     Even  hospital  ships  and  ships 
carrying  relief  to  the  sorely  bereaved  and  stricken  people  of  Bel- 
gium, though  the  latter  were  provided  with  safe-conduct  through 
the  proscribed  areas  by  the  German  Government  itself  and  were 
distinguished  by  unmistakable  marks  of  identity,  have  been  sunk 
with  the  same  reckless  lack  of  compassion  or  of  principle. 

I  was  for  a  little  while  unable  to  believe  that  such  things  would  in 
fact  be  done  by  any  government  that  had  hitherto  subscribed  to  the 
humane  practices  of  civilized  nations.  International  law  had  its 
origin  in  the  attempt  to  set  up  some  law  which  would  be  respected 
and  observed  upon  the  seas,  where  no  nation  had  right  of  dominion 
and  where  lay  the  free  highways  of  the  world.  By  painful  stage 
after  stage  has  that  law  been  built  up,  with  meagre  enough  results, 
indeed,  after  all  was  accomplished  that  could  be  accomplished,  but 
always  with  a  clear  view,  at  least,  of  what  the  heart  and  conscience 
of  mankind  demanded.  This  minimum  of  right  the  German  Gov- 
ernment has  swept  aside  under  the  plea  of  retaliation  and  necessity 
and  because  it  had  no  weapons  which  it  could  use  at  sea  except  these 
which  it  is  impossible  to  employ  as  it  is  employing  them  without 
throwing  to  the  winds  all  scruples  of  humanity  or  of  respect  for  the 


THE  UNITED  STATES  AND  GERjVIANY 


319 


I 


understandings  that  wore  supposed  to  underlie  the  intercourse  of  the 
world.  I  am  not  now  thinking  of  the  loss  of  property  involved, 
immense  and  serious  as  that  is,  but  only  of  the  wanton  and  whole- 
sale destruction  of  the  lives  of  noncombatants,  men,  women,  and 
children,  engaged  in  pursuits  which  have  always,  even  in  the  darkest 
periods  of  modem  history,  been  deemed  innocent  and  legitimate. 
Property  can  be  paid  for;  the  lives  of  peaceful  and  innocent  people 
cannot  be.  The  present  German  submarine  warfare  against  com- 
merce is  a  warfare  against  mankind. 

It  L  a  war  against  all  nations.  American  ships  have  been  sunk, 
American  lives  taken,  in  ways  which  it  has  stirred  us  very  deeply  to 
learn  of,  but  the  ships  and  people  of  other  neutral  and  friendly 
nations  have  been  sunk  and  overwhelmed  in  the  waters  in  the  same 
way.  There  has  been  no  discrimination.  The  challenge  is  to  all 
mankind.  Each  nation  must  decide  for  itself  how  it  will  meet  it. 
The  choice  we  make  for  ourselves  must  be  made  with  a  moderation 
of  counsel  and  a  temperateness  of  judgment  befitting  our  charaetir 
and  our  motives  as  a  nation.  We  must  put  excited  feeling  away. 
Our  motive  will  not  be  revenge  or  the  victorious  assertion  of  the 
physical  might  of  the  nation,  but  only  the  vindication  of  right,  of 
human  right,  of  which  we  are  only  a  single  champion. 

When  I  addressed  the  Congress  on  the  twenty-sixth  of  February 
last  I  thought  that  it  would  suflSee  to  assert  our  neutral  rights  with 
arms,  our  right  to  use  the  seas  against  unlawful  interference,  our 
right  to  keep  our  people  safe  against  unlawful  violence.  But  armed 
neutrality,  it  now  appears,  is  impracticable.  Because  submarines 
are  in  effect  outlaws  when  used  as  the  German  submarines  have  been 
used  against  merchant  shipping,  it  is  impossible  to  defend  ships 
against  their  attacks  as  the  law  of  nations  has  assumed  that  mer- 
chantmen won. -A  defend  themselves  against  privateers  or  cruisers, 
visible  craft  giving  chase  upon  the  open  sea.  It  is  common  prudence 
in  such  circumstances,  grim  necessity  indeed,  to  endeavor  to  destroy 
them  before  they  have  shown  their  own  intention.  They  must  be 
dealt  with  upon  sight,  if  dealt  with  at  all.  The  German  Govern- 
ment denies  the  right  of  neutrals  to  use  arms  at  all  within  the  areas 
of  the  sea  which  it  has  proscribed,  even  in  the  defense  of  rights  which 
no  modern  publicist  has  ever  before  questioned  their  right  to  defend. 
The  intimation  is  i  mveyed  that  the  armed  guards  which  we  have 
placed  on  our  merchant  ships  will  be  treated  as  beyond  the  pale  of 
law  and  subject  to  be  dealt  with  as  pirates  would  be.    Armed  neu- 


m 


w^ 


iil'i 


320        DIPLOMATIC  CORBESPONDENCE  BETWEEN 

trality  is  ineffectual  enough  at  best;  in  such  circumstances  and  in 
the  face  of  such  pretensions  it  is  worse  than  ineffectual :  it  is  likely 
only  to  produce  what  it  was  meant  to  prevent;  it  is  practically  certain 
to  draw  us  into  the  war  without  either  the  rights  or  the  effectiveness 
of  belligerents.  There  is  one  choice  we  cannot  make,  we  are  incapable 
of  making :  we  will  not  choose  the  path  of  submission  and  suffer  the 
most  sacred  rights  of  our  nation  and  our  people  to  be  ignored  or 
violated.  The  wrongs  against  which  we  now  array  ourselves  are  no 
common  wronfts ;  they  cut  to  the  very  roots  of  human  life. 

With  a  profound  sense  of  the  solemn  and  even  tragical  character 
of  the  step  I  am  taking  and  of  the  grave  responsibilities  which  it 
involves,  but  in  unhesitating  obedience  to  what  T  deem  my  constitu- 
tional duty,  I  advise  that  the  Congress  declare  the  recent  course  of 
the  Imperial  German  Government  to  be  in  fact  nothing  less  than 
war  against  the  government  and  people  of  the  United  States;  that 
it  formally  accept  the  status  of  belligerent  which  has  thus  been  thrust 
upon  it ;  and  that  it  take  immediate  steps  not  only  to  put  the  country 
in  a  more  thorough  state  of  defense  but  also  to  exert  all  its  power 
and  employ  all  its  resources  to  bring  the  Government  of  the  German 
Empire  to  terms  and  end  the  war. 

What  this  will  involve  is  clear.  It  will  involve  the  utmost  prac- 
ticable cooperation  in  counsel  and  action  with  the  governments  now 
at  war  with  Germany,  and,  as  incident  to  that,  the  extension  to  those 
governments  of  the  most  liberal  financial  credits,  in  order  that  our 
resources  may  so  far  as  possible  be  added  to  theirs.  It  will  involve 
the  organization  and  mobilization  of  all  th^  material  resources  of  the 
country  to  supply  the  materials  oi  war  ana  serve  the  incidental  needs 
of  the  nation  in  the  most  abundant  and  yet  tht-  most  economical  and 
efficient  way  possible.  It  wiU  involve  the  inmediate  full  equipment 
of  the  na^•y  in  all  respects  but  particularly  in  supplying  it  with  the 
best  means  of  dealing  with  the  enemy's  submarines.  It  will  involve 
the  immediate  addition  to  the  armed  forces  of  the  United  States 
already  provided  for  by  law  in  case  of  war  at  least  five  hundred 
thousand  men.  who  should,  in  my  opinion,  be  chosen  upon  the  prin- 
ciple of  universal  liability  to  service,  and  also  the  authorization  of 
subsequent  additional  increments  of  equal  force  so  soon  as  they  may 
be  needed  and  can  be  handled  in  training.  It  will  involve  also,  of 
course,  the  granting  of  adequate  credits  to  the  Government,  sustained, 
I  hope,  so  far  as  they  can  equitably  be  sustained  by  the  present  gen- 
eration, by  well  conceived  taxation. 


THE  UNITED  STATES  AND  GERMANY 


321 


I  say  sustained  so  far  as  may  be  equitable  by  taxation  because  it 
seems  to  me  that  it  would  be  most  unwise  to  base  the  credits  which 
will  now  be  necessaiy  entirely  on  money  borrowed.  It  is  our  duty,  I 
most  respectfully  urge,  to  protect  our  people  so  far  as  we  may  against 
the  very  serious  hardships  and  evils  which  would  be  likely  to  arise 
out  of  the  inflation  which  would  be  produced  by  vast  loans. 

In  carrying  out  the  measures  by  which  these  things  are  to  be 
accomplished  we  should  keep  constantly  in  mind  the  wisdom  of  inter- 
fering as  little  as  possible  in  our  own  preparation  and  in  the  equip- 
ment of  our  own  military  forces  with  the  duty — for  it  will  be  a  very 
practical  duty, — of  supplying  the  nations  already  at  war  with  Ger- 
many with  the  materials  which  they  tan  obtain  only  from  us  or  by 
our  assistance.  They  are  in  the  field  and  we  should  help  them  in 
every  way  to  be  effective  there. 

I  shall  take  the  liberty  of  suggesting,  through  the  several  execu- 
tive departments  of  the  Government,  for  the  consideration  of  your 
committees,  measures  for  the  accomplishment  of  the  several  objects 
I  have  mentioned.  I  hope  that  it  will  be  your  pleasure  to  deal  with 
them  as  having  been  framed  after  very  careful  thought  by  the  branch 
of  the  Government  upon  which  the  responsibility  of  conducting  the 
war  and  safeguarding  the  nation  will  most  directly  fall. 

While  we  do  these  things,  these  deeply  momentous  things,  let  us 
be  very  clear,  and  make  very  clear  to  all  the  world  what  our  motives 
and  our  objects  are.  My  own  thought  has  not  been  driven  from  its 
habitual  and  normal  course  by  the  unhappy  events  of  the  last  two 
months,  and  I  do  not  believe  that  the  thought  of  the  nation  has  been 
altered  or  clouded  by  them.  I  have  exactly  the  same  things  in  mind 
now  that  I  had  in  mind  when  I  addressed  the  Senate  on  the  twenty- 
second  of  January  last;  the  same  that  I  had  in  mind  when  I  ad- 
dressed the  Congress  on  the  third  of  February  and  on  the  twenty- 
sixth  of  February.  Our  object  now,  as  then,  is  to  vindicate  the 
principles  of  peace  and  justice  in  the  life  of  the  world  as  against 
selfish  and  autocratic  power  and  to  set  up  amongst  the  really  free 
and  self-governed  peoples  of  the  world  such  a  concert  of  purpose 
and  of  action  as  will  henceforth  ensure  the  obsei-vance  of  those 
principles.  Neutrality  is  no  longer  feasible  or  desirable  where  the 
peace  of  the  world  is  involved  and  the  freedom  of  its  peoples,  and 
the  menace  to  that  peace  and  freedom  lies  in  the  existence  oi 
avtocratic  governments  backed  by  organized  force  which  is  controlled 
wholly  by  their  will,  not  by  the  will  of  their  people.    We  have  seen 


322 


DIPLOMATIC  CORRESPONDENX'E  BETWEEN 


i4 


the  last  of  neutrality  in  such  circumstances.  We  are  at  the  beginning 
of  an  age  in  which  it  will  be  insisted  that  the  same  standards  of 
conduct  and  of  responsibility  for  wrong  done  shall  be  observed  among 
nations  and  their  governments  that  are  observed  among  the  individual 
citizens  of  civilized  states. 

We  have  no  quarrel  with  the  German  people.  We  have  no  feeling 
towards  them  but  one  of  sympathy  and  friendship.  It  was  not  upon 
their  impulse  that  their  government  acted  in  entering  this  war.  It 
was  not  with  their  previous  knowledge  or  approval.  It  was  a  war 
determined  upon  as  wars  used  to  be  determined  upon  in  the  old, 
unhappy  days  when  peoples  were  nowhere  consulted  by  their  rulers 
and  wars  were  provoked  and  waged  in  the  interest  of  dynasties  or  of 
little  groups  of  ambitious  men  who  were  accustomed  to  use  their 
fellow  men  as  pawns  and  tools.  Self-governed  nations  do  not  fill  their 
neighbor  states  with  spies  or  set  the  course  of  intrigue  to  bring  about 
some  critical  posture  of  affairs  which  will  give  them  an  opportunity  to 
strike  and  make  conquest.  Such  designs  can  be  successfully  worked 
out  only  under  cover  and  where  no  one  has  the  right  to  ask  questions. 
Cunninf  v  contrived  plans  of  deception  or  aggression,  carried,  it  may 
be,  from  generation  to  generation,  can  be  worked  out  and  kept  from 
the  light  only  within  the  privacy  of  courts  or  behind  the  carefully 
guarded  confidences  of  a  narrow  and  privileged  class.  They  are  hap- 
pily impossible  where  public  opinion  commands  and  insists  upon  full 
information  concerning  all  the  nation's  affairs. 

A  steadfast  concert  for  peace  can  never  be  maintained  except  by  a 
partnership  of  democratic  nations.  No  autocratic  government  could 
be  trusted  to  keep  faiih  within  it  or  observe  its  covenants.  It  must 
be  a  league  of  honor,  a  partnership  of  opinion.  Intrigue  would  eat 
its  vitals  away;  the  plottings  of  inner  circles  who  could  plan  what 
they  would  and  render  account  to  no  one  would  be  a  corruption  seated 
at  its  very  heart.  Only  free  peoples  can  hold  their  purpose  and  their 
honor  steady  to  a  common  end  and  prefer  the  interests  of  mankind 
to  any  narrow  interest  of  their  own. 

Does  not  every  American  feel  that  assurance  has  been  added  to  our 
hope  for  the  future  peace  of  the  world  by  the  wonderful  and  heart- 
ening things  that  have  been  happening  within  the  last  few  weeks  in 
Russia?  Russia  was  known  by  those  who  knew  it  best  to  have  been 
always  in  fact  democratic  at  heart,  in  all  the  vital  habits  of  her 
thought,  in  all  the  intimate  relationships  of  her  people  that  spoke 
their  natural  instinct,  their  habitual  attitude  towards  life.    The  autoc- 


THE  UNITED  STATES  AND  GERMANY  323 

racy  that  crowned  the  summit  of  her  political  structure,  long  as  it 
had  stood  and  terrible  as  was  the  reality  of  its  power,  was  not  in  fact 
Russian  in  origin,  character,  or  purpose;  and  now  it  has  been  shaken 
off  and  the  great,  generous  Russian  people  have  been  added  in  all 
their  naive  majesty  and  might  to  the  forces  that  are  fighting  for 
freedom  in  the  world,  for  justice,  and  for  peace.  Here  is  a  fit  partner 
for  a  League  of  Honor.  ~~ 

One  of  the  things  that  has  served  to  convince  us  that  the  Prussian 
autocracy  was  not  and  could  never  be  our  friend  is  that  from  the  very 
outect  of  the  present  war  it  has  filled  our  unsuspecting  communities 
and  even  our  offices  of  government  with  spies  and  set  criminal 
intrigues  everywhere  afoot  against  our  national  unity  of  counsel,  our 
peace  within  and  without,  our  industries  and  our  commerce.  Indeed 
it  is  now  evident  that  its  spies  were  here  even  before  the  war  began ; 
and  it  is  unhappily  not  a  matter  of  conjecture  but  a  fact  proved  in 
our  courts  of  justice  that  the  intrigues  which  have  more  than  once 
come  perilously  near  to  disturbing  the  peace  and  dislocating  the 
industries  of  the  country  have  been  carried  on  at  the  instigation,  with 
the  support,  and  even  under  the  personal  direction  of  official  agents 
of  the  Imperial  Government  accredited  to  the  Government  of  the 
United  States.  Even  in  checking  these  things  and  trying  to  extirpate 
them  we  have  sought  to  put  the  most  generous  interpretation  possible 
upon  them  because  we  knew  that  their  source  lay.  not  in  any  hostile 
feeling  or  purpose  of  the  German  people  towards  us  (who  were, 
no  doubt  as  ignorant  of  them  as  we  ourselves  were),  but  only  in 
the  selfish  designs  of  a  Government  that  did  what  it  pleased  and 
told  its  people  nothing.  But  they  have  played  their  part  in  serving 
to  convince  us  at  last  that  that  Government  entertains  no  real 
friendship  for  us  and  means  to  act  against  our  peace  and  security 
at  its  convenience.  That  it  means  to  stir  up  enemies  against  us  at 
our  very  doors  the  intercepted  note  to  the  German  Minister  at  Mexico 
City  is  eloquent  evidence. 

We  are  accepting  this  challenge  of  hostile  purpose  because  we 
know  that  in  such  a  government,  following  such  methods,  we  can 
never  have  a  friend;  and  that  in  the  presence  of  its  organized 
power,  always  lying  in  wait  to  accomplish  we  know  not  what  pur- 
pose, there  can  be  no  assured  security  for  the  democratic  govern- 
ments of  the  world.  We  are  now  about  to  accept  gauge  of  battle 
•with  this  natural  foe  to  liberty  and  shall,  if  necessary,  spend  the 
whole  force  of  the  nation  to  check  and  nullify  its  pretensions  and 


1 


,  ivi 


824        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

it!  power.  Wf  are  glad,  now  that  wo  «ee  the  facts  with  no  veil 
of  false  pretence  about  them,  to  fight  thus  for  the  ultimate  peace 
of  the  world  and  for  the  liberation  of  its  people*,  the  German 
peopUni  included:  for  the  rights  of  nations  great  and  small  and  the 
privUege  of  men  cvcrjwhere  to  choose  their  way  of  hfe  and  of 
obedience.  The  world  must  bo  made  safe  for  democracy.  Itt  peace 
must  be  planted  upon  the  teBtcd  foundations  of  political  liberty. 
We  have  no  selfish  ends  to  Hone.  We  desire  no  conquest,  no  do- 
minion We  seek  no  indemnities  for  ourselves,  no  material  com- 
pensation  for  the  sacrifices  wo  shall  freely  make.  We  are  but  one 
of  the  champions  of  the  rights  of  mankind.  We  shall  be  satisfied 
when  those  rights  have  been  made  as  secure  as  the  faith  and  the 
freedom  of  nations  can  make  them. 

Just  because  we  fight  without  rancor  and  without  selfish  object, 
seeking  nothing  for  ourselves  but  what  we  shall  wish  to  share  with 
all  free  peoples,  we  shall,  I  feci  confident,  conduct  our  operations 
as  belligerents  without  passion  and  ourselves  observe  with  proud 
punctilio  the  principles  of  right  and  of  fair  play  we  profess  to  be 

fighting  for.  .  .     v    t         •  i 

I  have  said  nothing  of  the  governments  allied  with  the  Imperial 
Government  of  Germany  because  they  have  not  made  war  upon  us 
or  challenged  us  to  defend  our  right  and  our  honor.  The  Austro- 
Hnngarian  Government  has,  indeed,  avowed  its  unqualified  endorse- 
ment and  acceptance  of  the  reckless  and  lawless  submarine  warfare 
adopted  now  without  disguise  by  the  Imperial  German  Government, 
and  it  has  therefore  not  been  possible  for  this  Government  to  re- 
ceive Count  Tarnowski,  the  Ambassador  recently  accredited  to  this 
Government  by  the  Imperial  and  Royal  Government  of  Austria- 
Hungary  but  that  Government  has  not  actuaUy  engaged  in  warfare 
against  citizens  of  the  United  States  on  the  seas,  and  1  take  the 
liberty  for  the  present  at  least,  of  postponing  a  discussion  of  our 
relations  with  the  authorities  at  Vienna.  We  enter  this  war  only 
where  we  are  clearly  forced  into  it  because  there  are  no  other  means 
of  defending  our  rights. 

It  wiU  be  all  the  easier  for  us  to  conduct  ourselves  as  belligerents 
in  a  high  spirit  of  right  and  fairness  because  we  act  without  animus, 
not  in  enmitN  towards  a  people  or  with  the  desire  to  bring  any 
injury  or  disadvantage  upon  them,  but  only  in  armed  opposition  to 
an  irresponsible  government  which  has  thrown  aside  all  considera- 
tions of  humanity  and  of  right  and  is  running  amuck.    We  are.  let 


THE  UNITED  STATES  AND  GERMANY 


325 


me  uy  again,  the  sincere  friends  of  the  Oerman  people,  and  shall 
desire  nothing  so  much  an  the  early  re-08tablishment  of  intimate 
relations  of  mutual  advantage  between  us, — however  hard  it  may 
be  for  them,  for  the  time  beinit,  to  believe  that  this  is  spoken  from 
our  hearts.  We  have  borne  w.  ^  their  present  government  through 
all  these  bitter  months  because  of  that  friendship. — exercising  a 
patience  and  forbearance  which  would  otherwise  have  been  impossible. 
We  shall,  happily,  still  have  an  opportunity  to  prove  that  friendship 
in  our  daily  attitude  and  actions  towards  the  millions  of  men  and 
women  of  German  birth  and  native  sympathy  who  live  amongst  ;» 
and  share  our  life,  and  wo  shall  be  proud  to  prove  it  towards  all 
who  are  in  fact  loyal  to  their  neighbors  and  to  the  Government  in 
the  hour  of  test.  They  are,  most  of  them,  as  true  and  loyal  Americans 
as  if  they  had  never  known  any  other  fealty  or  allegiance.  They 
will  be  prompt  to  stand  with  us  in  rebuking  and  restraining  the  few 
who  may  be  of  a  diiferent  mind  and  purpose.  If  there  should  be 
disloyalty,  it  will  be  dealt  with  with  a  firm  hand  of  stern  repression ; 
but,  if  it  lifts  its  head  at  all,  it  will  lift  it  only  here  and  there  and 
without  countenance  except  from  a  lawless  and  malignant  few. 

It  is  a  distressing  and  oppressive  duty.  Gentlemen  of  the  Congress, 
which  I  have  performed  in  thus  addressing  you.  There  are,  it  may 
be,  many  mcmths  of  fiery  trial  and  sacrifice  ahead  of  us.  It  is  a 
fearful  thing  to  lead  this  great  peaceful  people  into  war,  into  the 
most  terrible  and  disastrous  of  all  wars,  civilization  itself  seeming 
to  be  in  the  balance.  But  the  right  is  more  precious  than  peace,  and 
we  shall  fight  for  the  things  which  we  have  always  carried  nearest 
our  hearts, — for  democracy,  for  the  right  of  those  who  submit  to 
authority  to  have  a  voice  in  their  own  governments,  for  the  rights 
and  liberties  of  small  nations,  for  a  universal  dominion  of  right  by 
such  a  concert  of  free  ;>eoples  as  shall  bring  peace  and  safety  to  all 
nations  and  make  the  world  itself  at  last  free.  To  such  a  task  we 
can  dedicate  our  lives  and  our  fortunes,  everything  that  we  are  and 
everything  that  we  have,  with  the  pride  of  those  who  know  that  the 
day  has  come  when  America  is  privileged  to  spend  hei-  blood  and  her 
might  for  the  principles  that  gave  her  birth  and  happiness  and  the 
peace  which  she  has  treasured.    God  helping  her,  she  can  do  no  other. 


320        DIPLOMATIC  CORRESPONDENCE  BETWEEN 


?:s\ 


1 


WAR  WITH  THE  IMPERIAL  GERMAN  GOVERNMENT. 

Mr.  Flood,  from  the  Committee  on  Foreign  Affaim,  iubmitted  the 

lollowing : 

REPORT. 

[To  accompany  H.  J.  Re".  24.] 

The  Committee  on  Foreign  Affaira.  to  vvliich  waa  referred  the  joint 
reaolution  (H.  J.  Res.  24)  declaring  that  a  state  of  war  exiata  between 
the  Imperial  German  Government  and  the  Government  and  people 
of  the  United  Statfs,  and  making  provision  to  prosecute  the  aame, 
having  had  the  name  under  consideration,  reports  it  back  with  amend- 
ment, and  riconimends  that  the  resolution,  us  amended,  do  paae. 

Page  1.  strike  out  all  after  the  title,  and  insert  in  lieu  thereof  the 
following : 

Wbrrrat  the  ImpTlal  German  Government  hai  committeU  repeated  acta  of  war 
aRainat  the  tJovernment  and  pwple  ot  the  United  StaUa  of  America  i 
Therefore  be  it 

Kenolved  by  tke  Stnale  and  Houie  of  Repretfntativti  of  the  VnUed  ««o««« 
of  Amrrica  in  C-mgrtu  aucmbUd.  That  the  rtate  of  *"  between  the  United 
State,  and  the  Imperial  German  Government  which  h««  th".  been  thruat  upon 
the  United  Ktate.  Vi  hereby  formally  declared:  and  that  the  Preaident  bf.  ""d 
he  Is  hereby,  authorized  and  directed  to  employ  the  entire  naval  and  military 
forcea  of  the  United  States  and  the  resources  of  this  Oovernment  to  carry  on 
war  asainst  the  Imperial  German  Government;  and  to  bring  the  conBlct  to  a 
succenaful  termination  all  of  the  resources  of  the  country  are  hereby  pledged  by 
the  Congress  of  the  United  States. 

It  is  with  the  deepest  sense  of  responsibility  of  the  momentous 
results  which  will  follow  the  passage  of  this  resolution  that  your 
committee  reports  it  to  the  House,  with  the  recommendation  tiiat  it 

be  DflSSCQ 

The  conduct  of  the  Imperial  German  Government  toward  this 
Government,  its  citizens,  and  its  interests  has  been  so  discourteous, 
unjust,  cruel,  barbarous,  and  so  lacking  in  honesty  and  fair  dealing 
that  it  has  i  nstitutcd  a  violation  of  the  course  of  conduct  which 
should  obtain  between  friendly  nations. 

In  addition  to  this,  the  German  Government  is  actually  making 
war  upon  the  people  and  the  commerce  of  this  country,  and  leaves 
no  course  optn  to  this  Government  but  to  accept  it'-,  gauge  of  battle, 
declare  that  a  state  of  war  exists,  and  wage  that  war  vigorously. 

On  the  31st  dav  of  January.  1917.  notice  was  given  by  the  Imperial 
German  Govcrnm'ent  to  this  Government  that  after  the  following 
day — 

Germany  will  meet  the  illegal  measures  of  her  enemies  by  forcibly  preventing, 
In  a  zone  around  Great  Britain.  France.  Italy,  and  in  the  eastern  Mediterranean, 
all  n»viKalion,  that  of  neutnil-  ii.  huiiMl,  from  and  to  Kngland  and  from  and 
to  F  ance,  etc.     All  sliipa  met  within  timt  zone  will  be  sunk. 


THE  UNITED  STATES  AND  GERMANY 


327 


Since  that  day  ncvcn  American  thipi  flyinff  the  Amerioan  fing 
have  been  rank  aiul  bftwren  25  and  ISO  American  live*  liave  i"  <  h 
lost  «B  a  result  of  the  pruMecution  of  the  nuhmnrinc  warfare  in  accord- 
unce  with  the  above  declaration.  This  in  war.  War  wafted  hy  tho 
Imperial  German  Government  upon  this  countrj'  and  its  people, 

A  brief  review  of  tome  of  the  hostile  and  illegal  actn  of  the  German 
Goveinnicnt  loward  this  Government  ond  its  ofHcerH  and  its  people 
ia  herewith  given. 

Germany's  condi'i  t  of  si-bmabixe  warfare. 

In  the  memorial  of  the  Imperial  German  Govtrnnunt  aciom- 
panying  its  proelaniation  of  February  4,  1915,  in  regard  to  hut>- 
marinc  warfare,  that  Government  declared — 

.  .  .  thf  (irmiBn  Navy  hat  reri-ivrd  Initructloni  to  abftain  from  all  viulftice 
axalmt  nvutral  vrnclti  icccgiikRlile  aa  iiuh. 

In  the  note  of  the  German  Government  dated  February  16,  1915, 
in  reply  to  the  American  note  of  February  10,  it  was  declared  that — 

It  if  ver.v  far  indifU  from  the  intrntion  of  the  German  Govrriimftit 
fvpr  to  dr«tr(i,v  nrutrul   livt>ii  and  neutral  property.   .    .    .  The  commandi'ra  of 
Uerman   Kubtnarim"<   have  lieen   inttrwted,   as  was  already   «tated    in   the   note 
of  the  4th  instant,  to  almtain  from  violence  to  American  inerchant  »hipi  when 
they  are  reoocni^able  aa  auch. 

Nevertheless  the  German  Government  proceeded  to  carry  out  its 
plans  of  submarine  warfare  and  torpedoed  the  British  passenger 
steamer  Falaba  on  March  27,  1915,  when  one  American  life  was  lost, 
attacked  the  American  steamer  Cashing  April  28  by  airship,  and 
made  submarine  attacks  upon  the  American  tank  steamer  Oulflight 
May  1,  the  British  passenger  liner  Ltmtania  May  7  when  114  Ameri- 
can lives  were  lost,  and  the  American  steamer  Nebraskan  on  May  25, 
in  all  of  which  over  125  citizens  of  the  United  States  lost  their  lives, 
not  to  mention  hundreds  of  noncombatants  who  were  lost  and  hun- 
dreds of  Americans  and  noncombatants  whose  lives  were  put  in 
jeopardy. 

The  British  mule  boat  Armoiuin  was  torpedoed  on  June  28,  as  a 
result  of  which  20  Americans  are  reported  missing. 

On  July  8,  1915,  in  a  note  to  Ambas-sador  Gerard,  arguing  in 
defense  of  its  method  of  warfare  and  particularly  of  its  submarine 
commander  in  the  Lusitania  case,  it  is  stated: 

The  Imperial  Govcrnmont  therefore  repeats  the  assurancea  that  American 
shipa  will  not  lie  hindered  in  the  prosecution  of  lef;itimate  shippinf;  and  the 
lives  of  American  citiztnn  on  neutral  vesneis  shall  not  be  placed  in  jeopardy. 

In  order  to  exclude  any  unforeseen  dangers  to  American  passtnccr 
steamers,  .  .  .  •.  .e  Gorman  Hubmarincs  will  he  instructed  to  permit  the  frie 
and  safe  passage  of  such  passenjier  steanu  rs  when  made  recognizable  by  special 
markings  and  notified  a  reasonable  time  in  advance. 


15. ."i 


328        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

Subaeqaently  the  following  Teasels  carrTing  American  citizens 
were  attacked  by  submarines : 

British  liner  Orduna  July  9. 

Russian  steamer  Leo  July  9. 

American  steamer  Leelanaw  July  25. 

British  passenger  liner  Arabic  August  19. 

British  mule  ship  Nicosian  August  19. 

British  steamer  Hesperian  September  4. 

In  these  attacks  23  Americans  lost  their  lives,  not  to  mention  the 
large  number  whose  lives  we;  e  placed  in  jeopardy. 

Following  these  events,  conspicuous  by  their  wantonness  and 
violation  of  every  rule  of  humanity  and  maritime  warfare,  the  German 
ambassador,  by  instructions  from  his  Government,  on  September  1 
gave  the  following  assurances  to  the  Government  of  the  United  States : 

Liners  will  not  be  sunk  by  our  submarines  without  warning  and  without 
safety  of  the  lives  of  noncombatants,  provided  that  the  liners  do  not  try  to 
escape  or  otfer  resistance. 

On  September  9,  in  a  reply  as  to  the  submarine  attack  on  the 
Orduna,  the  German  Government  renewed  these  assurances  in  the 
following  language : 

The  lirst  attack  on  the  Orduna  by  a  torpedo  was  not  in  accordance  with  the 
existing;  instructions,  which  provide  that  large  passenger  steamers  are  to  be 
torpedoed  only  after  previous  warning  and  after  the  rescuing  of  passengers  and 
crew.  The  failure  to  observe  the  instructions  was  based  on  an  error  which  is  at 
any  rate  comprehensible  and  the  repetition  of  which  appears  to  be  ov*  A  the 
question,  in  view  of  the  more  explicit  instructions  issued  in  the  meantime. 
Moreover,  the  ommanders  of  the  submarines  have  been  reminded  that  it  is 
their  duty  to  exercise  greater  care  and  to  observe  carefully  the  orders  issued. 

The  German  Government  could  not  more  clearly  have  stated  that 
liners  or  large  passenger  steamers  would  not  be  torpedoed  except 
upon  previous  warning,  and  after  the  passengers  and  crew  had  been 
put  in  places  of  safety. 

On  November  29,  the  German  Government  states,  in  connection 
with  the  case  of  the  American  vessel  William  P.  Frye : 

.  .  .  the  German  naval  forcns  will  sink  only  such  American  vessels  as  are 
loaded  with  absolute  contraband,  when  the  preconditions  provided  by  the  declara- 
tion of  London  are  prpscnt.  In  this  the  German  Government  nuite  shares  the 
view  of  the  American  Government  that  all  possible  care  must  be  taken  for  the 
security  of  the  crew  and  passengers  of  a  vessel  to  be  sunk.  Conseqtiently 
the  persons  found  on  board  of  a  vessel  may  not  be  ordered  into  her  lifeboats 
except  when  the  general  conditions — that  is  to  say,  the  weather,  the  condition 
of  the  sea,  and  the  neighlmrhood  of  the  coasts — afford  absolute  certainty  that 
the  boats  will  reach  the  nearest  port. 


THE  UNITED  STATES  AND  GERMANY 


329 


Following  this  accumulative  series  of  assurances,  however,  there 
seems  to  have  been  no  abatement  in  the  rigor  of  submarine  warfare, 
for  attacks  were  made  in  the  Mediterranean  upon  the  American 
steamer  Communipaio  on  December  3,  the  American  steamer  Petro- 
lite  December  5,  the  Japanese  liner  Yasaka  Maru  December  21,  and 
the  passenger  liner  Persia  December  30.  In  the  sinking  of  the  Persia 
out  of  a  total  of  some  500  passengers  and  cnw  only  165  were  saved. 
Among  those  lost  was  an  American  consul  traveling  to  his  post. 

On  January  7,  eight  days  after  the  sinking  of  the  Persia,  the 
German  Government  notified  the  Government  of  the  United  States 
through  its  ambassador  in  Washington  as  follows : 

1.  German  submarines  in  the  Mediterranean  had,  from  the  beginning,  orders 
to  conduct  cruiser  warfare  against  enemy  merchant  vessels  only  in  accordance 
with  the  general  principles  of  international  law,  a.A  in  particular  measures  of 
reprisal,  as  applied  in  the  war  zone  around  the  British  Isles,  were  to  be 
excluded. 

2.  German  submarines  are  therefore  permitted  to  destroy  enemy  merchant 
vessels  in  the  Mediterranean — i.e.,  passenger  as  well  as  freight  ships  as  far  as  they 
do  not  try  to  escape  or  offer  resistance — only  after  passengers  and  crews  have 
been  accorded  safety. 

Clearly  the  assurances  of  the  German  Government  that  neutral 
and  enemy  merchant  vessels,  passenger  as  well  as  freight  ships,  should 
not  be  destroyed  except  upon  the  passengers  and  crew  being  accorded 
safety  stood  as  the  official  position  of  the  Imperial  German  Gov- 
ernment. 

On  February  16,  1916,  the  German  ambassador  communicated  to 
the  Department  of  State  an  expression  of  regret  for  the  loss  of 
American  lives  on  the  Lusitania  and  proposed  to  pay  a  suitable 
indemnity.    In  the  course  of  this  note  he  said : 

Germany  has  .  .  .  limited  her  submarine  warfare  because  of  her  long- 
standing friendship  with  the  United  States  and  because  by  the  sinking  of  the 
Lusitania,  which  caused  the  death  of  citizens  of  the  United  States,  the  German 
retaliation  affected  neutrals  which  was  not  the  intention,  as  retaliation  should 
be  confined  to  enemy  subjects. 

On  March  1,  1916,  the  unarmed  French  passenger  steamer  Patria, 
carrying  a  number  of  American  citizens,  was  attacked  without  warn- 
ing. On  March  9  the  Norwegian  bark  Silius,  riding  at  anchor  in 
Havre  Rhodes,  was  torpedoed  by  an  unseen  submarine  and  one  of 
the  seven  Americans  on  board  was  injured.  On  March  16  the  Dutch 
passenger  steamer  Tubanfia  was  sunk  in  the  North  Sea  by  a  torpedo. 
On  March  16  the  British  steamer  Berwindvale  was  torpedoed  without 
warning  off  Bantry  Island  with  four  Americans  on  board.  On  March 
24  the  British  unarmed  steamer  Englishman  was,  after  a  chase,  tor- 
pedoed and  sunk  by  the  submarine  U  19,  as  a  result  of  which  one 
American  on  hoard  perished.  On  March  24  the  unarmed  French 
CI  OSS-channel  steamer  Sussex  was  torpedoed  without  warning,  several 


M  .': 


HHs 


330        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

of  the  24  American  passengers  bein^  injured.  On  March  27  the 
unarmed  British  liner  Manchester  Engineer  was  sunk  by  an  explosion 
without  prior  warning,  with  Americans  on  board,  and  on  March  28 
the  British  steamer  Eagle  Point,  carrying  a  Hotchkiss  gun,  which  she 
did  not  use,  was  chased,  overtaken,  and  sunk  by  a  torpedo  after  the 
persons  on  board  had  taken  to  the  boats. 

The  American  note  of  February  10,  1915,  stated  that  should 
German  vessels  of  war — 

distroy  on  the  high  seas  an  American  veasel  or  the  lives  of  American  citizens 
it  would  be  difficult  for  the  Government  of  the  United  States  to  view  the  act 
in  any  other  light  than  an  indefensible  violation  of  neutral  rights  which  it 
would  be  very  hard  indeed  to  reconcile  with  the  friendly  relations  so  happily 
eubsisting  between  the  two  Ciovernments — 

and  that  if  such  a  deplorable  situation  should  arise — 

the  Government  of  the  United  States  would  be  constrained  to  hold  the  Imperial 
Government  to  a  strict  accountability  for  such  acts  of  their  naval  authorities. 

In  the  American  note  of  May  13,  1915,  the  Government  stated : 

The  Imperial  Government  will  not  ext^ect  the  Government  of  the  United 
States  to  omit  any  word  or  act  necessary  to  the  performances  of  its  sacred  duty 
of  maintaining  the  rights  of  the  United  States  and  its  citizens  and  in  safe- 
guarding their  free  exercise  and  enjoyment. 

In  the  note  of  July  21,  1915,  the  United  States  Government  said 
that— 

Repetition  by  the  commanders  of  German  naval  vessels  and  acts  in  contra- 
vention of  those  rights  must  be  regarded  by  the  Government  of  the  United  States, 
when  they  affect  American  citizens,  as  deliberately  unfriendly. 

In  a  communication  of  April  18,  1916,  the  American  Government 
said: 

If  it  is  still  the  purpose  of  the  Imperial  Government  to  prosecute  relentless 
and  indiscriminate  warfare  against  vessels  of  commerce  by  the  use  of  submarines 
without  regard  to  what  the  Government  of  the  United  States  must  consider  the 
nacrod  and  indisputable  rules  of  international  law  and  the  universally  recogniied 
dictates  of  humanity,  the  Government  of  the  United  States  is  at  last  forced  to 
the  ronclusion  that  there  is  but  one  course  it  can  pursue.  Unless  the  Imperial 
Government  should  now  immediately  declare  and  effect  an  abandonment  of  its 
present  methods  of  submarine  warfare  against  passenger  and  freight  carrying 
vessels  the  Government  of  the  United  States  can  have  no  choice  but  to  sever 
diplomatic  relations  with  the  German  Empire  altogether. 

The  German  Government  replied  to  this  communication  on  May  4, 
1916,  giving  definite  assurances  that  new  orders  had  been  issued  to 
the  German  naval  forces  "in  accordance  with  the  general  principles 
of  visit  and  search  and  the  destruction  of  merchant  vessels  recog- 


THE  UNITED  STATES  AND  GERMANY  331 

nized  by  international  law."  And  this  agreement  was  substantially 
complied  with  for  many  months,  but  finally,  on  January  31,  1917, 
notice  was  given  that  after  the  following  day — 

Oermany  will  meet  the  illegal  measures  of  her  enemies  by  forcibly  preventing 
in  a  rone  around  Great  Britain,  France,  Italy,  and  in  the  eastern  Mediterranean, 
all  navigation,  that  of  neutrals  included,  from  and  to  England  and  from  and 
to  France,  etc.    All  ships  met  within  that  zone  will  be  sunk. 

In  view  of  this  Government's  warning  of  April  18,  1916,  and  the 
Imperial  German  Government's  pledge  of  May  4  of  the  same  year, 
the  Government  of  the  United  States,  on  February  3,  1917,  stated  to 
the  Imperial  German  Government  that — 

In  view  of  this  declaration,  which  withdraws  6uddenly  and  without  prior 
intimation  the  solemn  assurance  given  in  the  Imperial  Government's  note  of 
May  4,  1916,  this  Government  has  no  alternative  consistent  with  the  dignity 
and  honor  of  the  United  States  but  to  take  the  course  which  it  explicitly 
announced  in  its  note  of  April  18,  1916,  it  would  take  in  the  event  that  the 
Imperial  Government  did  not  declare  and  effect  an  abandonment  of  the  methods 
of  submarine  warfare  then  employed  and  to  which  the  Imperial  Government  now 
purpose  again  to  resort. 

The  President  has,  therefore,  directed  me  to  announce  to  your  excellency  that 
all  diplomatic  relations  between  the  United  States  and  the  German  Empire  are 
severed,  and  that  the  American  ambassador  at  Berlin  will  be  immediately 
withdrawn,  and,  in  accordance  with  such  announcement,  to  deliver  to  your 
excellency  your  passports. 

On  February  3  one  American  ship  was  sunk,  and  since  that  date 
six  American  ships  flying  the  American  flag  have  been  torpedoed, 
with  a  loss  of  about  13  American  citizens.  In  addition,  50  or  more 
foreign  vessels  of  both  belligerent  and  neutral  nationality  with 
Americans  on  board  have  been  torpedoed,  in  most  cases  without 
warning,  with  a  consequent  loss  of  several  American  citizens. 

IMPROPER    ACTIVITIES   OF   GERMAN    OFFICIALS   IN   THE   UNITED   ST.\TES. 

Since  the  beginning  of  the  war  German  officials  in  the  United 
States  have  engaged  in  many  improper  activities  in  violation  of  the 
laws  of  the  United  States  and  of  their  obligations  as  officials  in  a 
neutral  country.  Count  von  Bernstorff.  the  German  ambassador, 
Capt.  von  Papen,  military  attache  of  the  embassy,  Capt.  Boy-Ed. 
naval  attache,  as  well  as  various  consular  officers  and  other  officials, 
were  involved  in  these  activities,  which  were  very  widespread. 

The  following  instances  are  chosen  at  random  from  the  cases  which 
have  come  to  the  knowledge  of  the  Government. 

I.  By  direct  instructions  received  from  the  foreign  office  in  Berlin 
the  German  Embassy  in  this  country  furnished  funds  and  issued 
orders  to  the  Indian  independence  committee  of  the  Indian  Nation- 


332        DIPLOMATIC  CORRESPONDENCE  BETWEEN 


■1  '^:% 


'ift' 


alist  Party  in  the  United  States.  These  instructions  were  osoally 
conveyed  to  the  committee  by  the  military  information  bureau  in 
New  York  (Von  Igcl)  or  by  the  German  consulates  in  New  York  and 
San  Francisco. 

Dr.  Chakrabarty,  recently  arrested  in  New  York  City,  received,  all 
in  all,  according  to  his  own  admission,  some  $60,000  from  Von  Igel. 
He  claims  that  the  greater  portion  of  this  money  was  used  for  defray- 
ing the  expenses  of  the  Indian  revolutionary  propaganda  in  this 
country,  and,  as  he  says,  for  educational  purposes.  While  this  is  in 
itself  true,  it  is  not  all  that  was  done  by  the  revolutionists.  They 
have  sent  representatives  to  the  Far  East  to  stir  up  trouble  in  India 
and  they  have  attempted  to  ship  arms  and  ammunition  to  India. 
These  expeditions  have  failed.  The  German  Embassy  also  employed 
Ernest  T.  Euphrat  to  carry  instructions  and  information  between 
Berlin  and  Washington  under  an  American  passport. 

II.  Officers  of  interned  German  warships  have  violated  their  word 
of  honor  and  escaped.  In  one  instance  the  German  consul  at  Rich- 
mond furnished  the  money  to  purchase  a  boat  to  enable  six  warrant 
officers  of  the  steamer  Kronprim  Wilhelm  to  escape  after  breaking 
their  parole. 

III.  Under  the  supervision  of  Capt.  von  Papen  and  Wolf  von 
Igel,  Hans  von  Wedell  and,  subsequently,  Carl  Ruroede  maintained 
a  regular  office  for  the  procurement  of  fraudulent  passports  for 
German  reservists.  These  operations  were  directed  and  financed  in 
part  by  Capt.  von  Papen  and  Wolf  von  Igel.  Indictments  were 
returned,  Carl  Ruroede  sentenced  to  the  penitentiary,  and  a  number 
of  German  officers  fined.  Von  Wedell  escaped  and  has  apparently 
been  drowned  at  sea.  Von  Wedell 's  operations  were  also  known  to 
high  officials  in  Germany.  When  Von  Wedell  became  suspicious  that 
forgeries  committed  by  him  on  a  passport  application  had  become 
known,  he  conferred  with  Capt.  von  Papen  and  obtained  money  from 
him  wherewith  to  make  his  escape. 

IV.  James  J.  F.  Archibald,  under  cover  of  an  American  passport 
and  in  the  pay  of  the  German  Government  through  Ambassador 
Bernstorff,  carried  dispatches  for  Ambassador  Dumba  and  otherwise 
e  ir  .ged  in  unneutral  activities. 

V'.  Albert  Sanders,  Charles  Wunnonberg,  and  others,  German 
agents  in  this  country,  were  engaged,  among  other  activities,  in 
sending  spies  to  England  equipped  with  American  passports,  for  the 
purpose  of  securing  military  information.  Several  such  men  have 
been  sent  Sanders  ?*"<  Wunnonberg  have  plead  guilty  to  indict- 
ments brought  aga'  t  .  m  in  New  York  City  as  has  George  Voux 
Bacon,  one  of  the  ni^         .t  abroad  by  them. 

VI.  American  passports  have  been  counterfeited  and  counterfeits 
found  on  German  agents.  Baron  von  Cupenberg,  a  German  agent, 
when  arrested  abroad,  bore  a  counterfeit  of  an  American  passport 
issued  to  Gustav  C.  Roeder;  Irving  Guy  Ries  received  an  American 
passport,  went  to  Germany,  where  the  police  retained  his  passports 
for  24  hours.    Later  a  German  spy  named  Carl  Paul  Julius  Hensel 


THE  UNITED  STATES  AND  GERMANY 


333 


was  arrested  in  London  with  a  counterfeit  of  the  Ries  passport  in  his 
possession. 

VII.  Prominent  officials  of  the  Hamburg-American  Line,  who 
under  the  direction  of  Capt.  Boy-Ed,  endeavored  to  provide  German 
warships  at  sea  with  coal  and  other  supplies  in  violation  of  the 
statutes  of  the  United  States,  have  been  tried  and  convicted  and 
sentenced  to  the  penitentiary.  Some  12  or  more  vessels  were  involved 
in  this  plan. 

VIII.  Under  the  direction  of  Capt.  Boy-Ed  and  the  German 
consulate  at  San  Francisco,  and  in  violation  of  our  law,  the  steam- 
ships Sacramento  and  Mazatlan  carried  supplies  from  San  Francisco 
to  German  war  vessels.  The  Olsen  and  Mahonty,  which  was  engaged 
in  a  similar  enterprise,  was  detained.  The  money  for  these  ventures 
was  furnished  by  Capt.  Boy-Ed.  Indictments  have  been  returned  in 
connection  with  these  matters  against  a  large  number  of  persons. 

IX.  Werner  Horn,  a  lieutenant  in  the  German  Reserve,  was  fur- 
nished funds  by  Capt.  Franz  von  Papen  and  sent,  with  dynamite, 
under  orders  to  blow  up  the  International  Bridge  at  Vanceboro,  Me. 
He  was  partially  successful.  He  is  now  uader  indictment  for  the 
unlawful  transportation  of  dj-namite  on  passenger  trains  and  is  in 
jail  awaiting  trial  following  the  dirmissal  of  his  appeal  by  the 
Supreme  Court. 

X.  Capt.  von  Papen  furnished  funds  to  Albert  Kaltschmidt,  of 
Detroit,  who  is  involved  in  a  plot  to  blow  up  a  factory  at  Walker- 
ville,  Cancida.  and  the  armoiy  at  Windsor,  Canada. 

XI.  Robert  Fay,  Walter  Scholtz,  and  Paul  Daeche  have  been  con- 
victed and  sentenced  to  the  penitentiary  and  three  others  are  under 
indictment  for  conspiracy  to  prepare  bombs  and  attach  them  to 
allied  ships  leaving  New  York  Harbor.  Fay,  who  was  the  principal 
in  this  scheme,  was  a  German  soldier.  He  testified  that  he  received 
finances  from  a  German  secret  agent  in  Brussels,  and  told  von  Papen 
of  his  plans,  who  advised  him  that  his  device  was  not  practicable, 
but  that  he  should  go  ahead  with  it,  and  if  he  could  make  it  work  Le 
would  consider  it. 

XII.  Under  the  direction  of  Capt.  von  Papen  and  Wolf  von  Igel, 
Dr.  Walter  T.  Scheele.  Capt.  von  Kleist.  Capt.  Wolpert.  of  the  Atlas 
Steamship  Co..  and  Capt.  Rode,  of  the  Hamburg-American  Line, 
manufactured  incendiary  bombs  and  placed  them  on  board  allied 
vessels.  The  shells  in  which  the  chemicals  were  placed  were  made 
on  board  the  steamship  Friederkh  der  Grosse.  Scheele  was  fur- 
nished $1,000  by  von  Igel  wherewith  to  become  a  fugitive  from 
justice. 

XIII.  Capt.  Franz  Rintelen,  a  reserve  officer  in  the  German  Navy, 
came  to  this  country  secretly  for  the  purpose  of  preventing  the 
exportation  of  munitions  of  war  to  the  allies  and  of  getting  to 
Germany  needed  supplies.  He  organized  and  financed  Labor's  Na- 
tional Peace  Council  in  an  effort  to  bring  about  an  embargo  on  Ihe 
shipment  of  munitions  of  war,  tried  to  bring  about  strikes,  etc. 

XIV.  Consul  General  Bopp,  at  San  Francisco,  Vice  Consid  Gen- 


.Mi 


334        DIPLOBiATIC  CORRESPONDENCE  BETWEEN 

eral  Von  Schaick,  Baron  George  Wilhelm  von  Brincken  (an  employee 
of  the  consulate),  Charles  C.  Crowley,  and  Mrs.  Marftaret  W.  Cornell 
(secret  agents  of  the  German  consulate  at  San  Francisco)  have  been 
convicted  of  conspiracy  to  send  agents  into  Canada  to  blow  up  railroad 
tunnels  and  bridges,  and  to  wreck  vessels  sailing  from  Pacific  coast 
ports  with  war  material  for  Russia  and  Japan. 

XV.  Paul  Koenig,  head  of  the  secret-service  work  of  the  Hamburg- 
American  Line,  by  direction  of  his  superior  officers,  largely  aug- 
mented his  organization  and  under  the  direction  of  von  Papen, 
Boy-Ed,  and  Albert  carried  on  secret  work  for  the  German  Govern- 
ment. He  secured  and  sent  spies  to  Canada  to  gather  information 
concerning  the  Welland  Canal,  the  movements  of  Canadian  troops  to 
England,  bribed  an  employee  of  a  bank  for  information  concerning 
shipments  to  the  allies,  sent  spies  to  Europe  on  American  passports 
to  secure  military  information,  and  was  involved  with  Capt.  von 
Papen  in  plans  to  place  bombs  on  ships  of  the  allies  leaving  New 
York  Harbor,  etc.  Von  Papen,  Boy-Ed,  and  Albert  had  frequent 
conferences  with  Koenig  in  his  office,  at  theirs,  and  at  outside  places. 
Koenig  and  certain  of  his  associates  are  under  indictment. 

XVI.  Capt.  von  Papen,  Capt.  Hans  Tauscher,  Wolf  von  Igel,  and 
a  number  of  German  reservists  organized  an  expedition  to  go  into 
Canada,  destroy  the  Welland  Canal,  and  endeavor  to  terrorize 
Canadians  in  order  to  delay  the  sending  of  troops  from  Canada  to 
Europe.  Indictments  have  been  returned  against  these  persons. 
Wolf  von  Igel  furnished  Fritzen,  one  of  the  conspirators  in  this  case, 
money  on  which  to  flee  from  New  York  City.  Fritzen  is  now  in  jail 
in  New  York  City. 

XVII.  With  money  furnished  by  official  German  representatives 
in  this  country,  a  cargo  of  arms  and  ammunition  was  purchased  and 
shipped  on  board  the  schooner  Annie  Larsen.  Through  the  activities 
of  German  official  representatives  in  this  country  and  other  Germans 
a  number  of  Indians  were  procured  to  form  an  expedition  to  go  on 
the  steamship  Maverick,  meet  the  Annie  Larsen,  take  over  her  cargo, 
and  endeavor  to  bring  about  a  revolution  in  India.  This  plan  involved 
the  sending  of  a  German  officer  to  drill  Indian  recruits  and  the 
entire  plan  was  managed  and  directed  by  Capt.  von  Papen,  Capt. 
Hanz  Tauscher.  and  other  official   German  representatives  in  this 

country.  .  „,...-  i. 

XVIII.  Gustav  Stahl,  a  German  reservist,  made  an  affidavit  which 
he  admitted  was  false  regarding  the  armament  of  the  Lusitania, 
which  affidavit  was  ^^rwa^ded  to  the  State  Department  by  Ambas- 
sador Bernstorff.  He  plead  guilty  to  an  indictment  chaining  perjury, 
and  was  sentenced  to  the  penitentiary.  Koenig,  herein  mentioned, 
was  active  in  securing  this  affidavit. 

XIX.  The  German  embassy  organized,  directed,  and  financed  the 
Hans  Libeau  Employment  Agency,  through  which  extended  efforts 
were  made  to  induce  employees  of  manufacturers  engaged  in  supply- 
ing various  kinds  of  material  to  the  allies  to  give  up  their  positions 
in  an  effort  to  interfere  with  the  output  of  such  manufacturers.    Von 


THE  UNITED  STATES  AND  OERilANY 


335 


Papen  indorsed  this  organization  as  a  military  measure,  and  it  was 
hoped  through  its  propaganda  to  cripple  munition  factories. 

XX.  The  German  Government  has  assisted  financially  a  numlier 
of  newspapers  in  this  country  in  leturn  for  pro-German  propaganda. 

XXI.  Many  facts  have  been  secured  indicating  that  Germans 
have  aided  and  encouraged  financially  and  otherwise  the  activities  of 
one  or  the  other  factions  in  Me.xico,  the  purpose  being  to  keep  the 
United  States  occupied  along  its  borders  and  to  prevent  the  exporta- 
tion of  munitions  of  war  to  the  allies;  see,  in  this  connection,  the 
activities  of  Rintelen,  Stallforth,  Kopf,  the  German  consul  at  Chi- 
huahua, Krum-Hellen,  Felix  Somcrfeld  (Villa's  representative  at  New 
York),  Carl  Heynen,  Gustav  Steinberg,  and  many  others. 


ATTACKS   ON   SHIPS   OF    THE    COMMISSION    FOB    RELIEF    IN    BELGIUM    IN 
VIOLATION  OF  GERMAN  UNDERTAKINGS. 

When  the  Commission  for  Relief  in  Belgium  began  its  work  in 
October,  1914,  it  received  from  the  German  authorities,  through  the 
various  Governments  concerned,  definite  written  assurances  that  ships 
engaged  in  carrying  cargoes  for  the  relief  of  the  civil  population 
of  Belgium  and  northern  France  should  be  immune  from  attack.  In 
order  that  there  may  be  no  room  for  attacks  upon  these  ships  through 
misunderstanding,  each  ship  is  given  a  safe-conduct  by  the  German 
diplomatic  representative  in  the  country  from  which  it  sails,  and.  in 
addition,  bears  conspicuously  upon  its  sides  markings  which  have 
been  agreed  upon  with  the  German  authorities ;  furthermore,  similar 
markings  are  painted  upon  the  decks  of  the  ships  in  order  that  they 
may  be  readily  recognizable  by  aeroplanes. 

Upon  the  rupture  of  relations  with  Germany  the  commission  was 
definitely  assured  by  the  German  Government  that  its  ships  would 
be  immune  from  attack  by  following  certain  prescribed  courses  and 
conforming  to  the  arrangements  previously  made. 

Despite  these  solemn  assurances  there  have  been  several  unwar- 
ranted attacks  upon  ships  under  charter  to  the  commission. 

On  March  7  or  8  the  Norwegian  ship  Storstad,  carrying  10,000 
tons  of  corn  from  Buenos  Aires  to  Rotterdam  for  the  commission 
was  sunk  in  broad  daylight  by  a  German  submarine  despite  the 
conspicuous  markings  of  the  commission  which  the  submarine  coulil 
not  iielp  observing.  The  Sforstad  was  repeatedly  shelled  without 
warning  and  finally  torpedoed. 

On  March  19  the  steamships  Tiinme  and  Haelen,  under  charter 
to  the  commission  proceeded  to  the  United  States  under  safe-con- 
ducts and  guaranties  from  the  German  minister  at  The  Hague  and 
bearing  conspicuous  markings  of  the  commission,  were  attacki-il 
without  warning  by  a  German  submarine  outside  the  danger  zone 
(56°  15'  north,  5"  32  east).  The  ships  were  not  sunk,  but  on  the 
Haelen  seven  men  were  killed,  including  the  first  and  third  officers; 
a  port  boat  was  sunk;  a  hole  was  made  in  the  port  bunker  above  the 


W^'* 


V  ' 
it    ' 


336        DIPLOMATIC  COBRESPONDENCE  BETWEEN 

water  line;  and  the  ships  rortained  nindry  damages  to  decks  and 
engines. 

INDIONITIBS  TO  AMERICAN  OITICIAl*. 

Various  consular  officers  have  suffered  indignities  and  humiliation 
at  the  hands  of  German  frontier  authorities.  The  foUowmg  are 
illustrations^:  ^^^^^^  ^^  ^^  ^^^^  Switzerland,  on  proceeding  to  his 
Dost  with  a  passport  duly  indorsed  by  German  officias  m  New  York 
S  Copenhagen,  was  on  November  26,  1916,  subjected  to  great 
fndignities  at  Warnemunde  on  the  German  frontier  Mr  Pike 
refS  0  submit  to  search  of  his  person,  the  removal  of  his  clothing, 
or  the  seizure  of  his  official  reports  and  papers  of  a  private  and  con- 
fidential nature.    He  was  therefore  obliged  to  return  to  Copenhagen 

Mr  Murphy,  the  consul  general  at  Sofia,  and  his  wife,  provided 
with  passports  from  the  German  legations  at  The  Hague  and  Copen- 
hagen  X  on  two  occasions  stripped  and  searched  and  subjec  ed 
to  great  humiliation  at  the  same  frontier  station.  No  consideration 
was  given  them  because  of  their  official  position.  „fl,„j„,„  „„. 

Such  has  been  the  behavior  on  the  part  of  German  officials  not- 
withsTanding  that  consular  officials  hold  positions  of  dignity  and 
SnoSity  under  their  Government  and  that  during  the  present 
warGermany  has  been  placed  under  deep  obligation  to  American 
SisiJar  officers  by  their  efforts  in  the  protection  of  German  interests. 

INHUMAN   TREATMENT    ACCORDED    YARROWDALE    PRISONERS   BY    GERMAN 

AUTHORITIES. 

On  January  19  Mr.  Gerard  telegraphed  that  the  evening  papers 
contained  a  report  that  the  English  steamer  Yarrowdale  had  been 
brought  to  Swinemunde  as  prize  with  469  prisoners  on  bo"d  taken 
?rom^hips  captured  by  German  auxiliary  eruisers;  that  among 
these  nrisoners  were  103  neutrals;  and  that  such  of  these  as  naa 
beSi  taken  on  board  enemy  ships  and  had  accepted  pay  on  such 
shins  would  be  held  as  prisoners  of  war.  .„„„- 

AfTer  repeated  inquiries  Mr.  Gerard  learned  that  there  were  among 
the  Yarrowdale  prisoners  72  men  claiming  American  citizenship. 

On  Februan- 4  Mr.  Gerard  was  informed  by  Count  Montgeles  of 
the^oreSE  that  the  Americans  taken  on  the  Y'^rrowdale ^0^ 
be  released  timediately  on  the  ground  that  they  eo^d  not  ha^e 
knowni  at  the  time  of  sailing  that  it  was  Germany  s  intention  to  treat 
armed  merchantmen  as  ships  of  war.  r>^^^„^^A   hnt  some 

Despite  this  assurance  the  prisoners  were  not  flea?«°'.^^\l°?i^ 

time  prior  to  February  17,  the  German  minister  for  foreign  affairs 

old  the  Spanish  ambassador  that  the  American  prisoners  from  the 

Yorrou-'drtic  would  be  liberated  "m  a  very  short  time.  „  „„j„ 

FDon  receipt  of  this  information  a  formal  demand  was  made 
throu'ghthe'Snish  ambassador  at  Berlin  ^o.^  the  imme^ate  release 
of  these  men.  The  message  sent  the  Spanish  ambassador  was  as 
follows : 


THE  UNITED  STATES  AND  GERMANY 


337 


If  Yarrowdate  prisoners  have  not  been  relMted,  please  make  formal  demand 
in  tlie  name  of  the  United  States  for  their  immediate  release.  If  they  are  not 
promptly  released  and  allowed  to  cross  the  frontier  without  further  delay,  please 
sUte  to  the  foreign  minister  that  this  policy  of  the  Imperial  Government,  if 
continued,  apparently  without  the  slightest  justification,  will  oblige  the  Govern- 
ment of  the  United  States  to  consider  what  measures  it  may  be  necessary  to 
take  in  order  to  obtain  satisfaction  for  the  continued  detention  of  these  innocent 
American  citizens. 

On  February  25  the  American  ambassador  at  Madrid  was  informed 
by  the  Spanish  foreign  office  that  the  Yarrowdale  prisoners  had  been 
released  on  the  16th  instant. 

The  foregoing  statement  appears  to  have  been  based  on  erroneous 
information,  for  no  further  report  on  the  subject  has  been  received. 

The  men  finally  reached  Zurich,  Switzerland,  on  the  afternoon  of 
March  11. 

Official  reports  now  in  the  possession  of  the  Department  of  State 
indicate  that  these  American  sailors  were  from  the  moment  of  their 
arrival  in  Germany,  on  January  3,  subjected  to  the  most  cruel  and 
heartless  treatment.  Although  the  weather  was  very  cold  they  were 
given  no  suitable  clothes,  and  many  of  them  stood  about  for  hours 
barefoot  in  the  snow.  The  food  supplied  them  was  utterly  inade- 
quate. After  one  cup  of  coffee  in  the  morning  almost  the  only  article 
of  food  given  them  was  boiled  frosted  cabbage,  with  mush  once  a 
week  and  beans  once  a  week.  One  member  of  the  crew  states  that 
he  was  severely  kicked  in  the  abdomen  by  a  German  officer  without 
provocation.  He  appears  still  to  be  suffering  severely  from  this 
assault.  Another  sailor  is  still  suffering  from  a  wound  caused  by 
shrapnel  fired  by  the  Germans  at  an  open  boat  in  which  he  and  his 
companions  had  taken  refuge  after  the  sinking  of  the  Georgk. 

All  of  the  men  stated  that  their  treatment  had  been  so  inhuman 
that  should  a  submarine  be  sighted  in  the  course  of  their  voyage 
home  they  would  prefer  to  be  drowned  rather  than  have  any  further 
experience  in  German  prison  camps. 

It  is  significant  that  the  inhuman  treatment  accorded  these  Amer- 
ican sailors  occurred  a  month  before  the  break  in  relations  and  while 
Germany  was  on  every  occasion  professing  the  most  cordial  friend- 
ship for  the  United  States. 


INTERFERENCE  \V1TH  THE  COMMUNICATIONS  OF  THE  EMBASSY  AT 

BERLIN. 

After  the  suspension  of  diplomatic  relations,  the  German  authori- 
ties cut  off  the  telephone  at  the  embassy  at  Berlin  and  suppressed 
Mr.  Gerard's  communication  by  telegraph  and  post.  Mr.  Gerard 
was  not  evpn  permitted  to  -^end  to  American  consular  officers  in 
Germany  the  instructions  he  nad  received  for  them  from  the  Depart- 
ment of  State.  Neither  was  he  allowed  to  receive  his  mail.  Just 
before  he  left  Berlin  the  telephonic  communication  at  the  embassy 


338        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

was  restored  and  aome  telegrains  and  letteri  were  delivered.     No 
apologies  were  offered,  however. 

GERMAN   INTRIGUES   TO   INVOLVE   THE   UNITED  STATES   IN    WAR   WITH 
MEXICO  AND  JAPAN. 

The  Government  of  the  United  States  is  in  poasession  of  instruc- 
tions addressed  by  the  German  minister  for  foreign  affairs  to  the 
German  minister  to  Mexico  concerning  a  proposed  alliance  of  Ger- 
many, Japan,  and  Mexico  to  make  war  on  the  United  States.  The 
text  of  this  document  is  as  follows : 

BUUM,  January  10,  1917. 

On  the  flrrt  of  February  we  intend  to  begin  rabmarine  warfare  unreatricted. 
In  apite  oi  thia  it  ii  our  intention  to  endeavor  to  Iceep  neutral  the  United  Statea 
of  America. 

If  thia  attempt  ia  not  lucceaaful  we  propoae  an  alliance  on  the  following 
baaia  with  Mexico:  That  we  ihall  make  war  together  and  together  make  peace. 
We  ahall  give  general  financial  support,  and  it  ii  understood  that  Mexico  ia 
to  reconquer  the  lost  territory  in  New  Mexico,  Texas,  and  Arizona.  The  details 
are  left  to  you  for  settlement. 

You  are  instructed  to  inform  the  President  of  Mexico  of  the  above  in  the 
greatest  confidence  as  soon  as  it  is  cerUin  there  will  be  an  outbreak  of  war  with 
the  United  States,  and  suggest  that  the  President  of  Mexico  on  his  own  initiative 
should  communicate  with  Japan  suggesting  adherence  at  once  to  thia  plan;  at 
the  aame  time  offer  to  mediate  between  Germany  and  Japan. 

Please  call  to  the  attention  of  the  Preaident  of  Mexico  that  the  employment 

of  ruthless  submarine  warfare  now  promiaea  to  compel  England  to  make  peace 

in  a  few  montba. 

(Signed)  ZmiiEBMAifN. 


:^ir: 


[PuBuc  Resolution— No.  1-— 65th  Congress.] 

IS.  J.  Res.  1.] 

SIXTY-FIFTH  CONGRESS  OF  THE  UNITED  STATES  OF 

AMERICA ; 

At  the  First  Session. 

Joint  Resolution,  Declaring  that  a  state  of  war  exists  between  the 

Imperial  German  Government  and  the  Government  and  the  people 

of  the  United  States  and  making  provision  to  prosecute  the  same. 

Whereas  the  Imperial  German  Government  has  committed  repeated 

acts  of  war  against  the  Government  and  the  people  of  the  United 

States  of  America :  Therefore  be  it 

Resolved  by  the  Senate  and  House  of  Represrntatives  of  the  United 

States  of  America  in  Congress  assembled,  That  the  state  of  war 


THE  UNITED  STATES  AND  GERMANY 


339 


b«tween  the  United  States  and  the  Imperial  German  Government 
which  has  thus  been  thrust  upon  the  United  States  is  hereby  formally 
declared;  and  that  the  President  be,  and  he  is  hr!eby.  authorized  and 
directed  to  employ  the  entire  naval  and  military-  forces  of  the  United 
States  and  the  >-esourceti  of  the  Government  to  carry  on  war  against 
the  Imperial  German  Governmtnt;  and  to  brinK  the  conflict  to  a 
successful  termination  all  of  the  resources  of  the  country  are  hereby 
pledged  by  the  Congress  of  the  United  States. 

Champ  Clark, 
Speaker  of  tht  Hoh^c  of  Hepraentatives. 
Thos.  R.  .Marshall, 
Vice  President  of  the  United  States  and 

President  of  the  Senate. 
Approved,  April  6,  1917, 

WooDRow  Wilson. 


[Existence  of  War— German  Empire.) 

BY  THE  PRESIDENT  OP  THE  UNITED  STATES  OP  AMERICA 

A  PROCLAMATION 

Whereas  the  Congress  of  the  United  States  in  the  exc  ■»  of  the 
constitutional  authority  vested  in  them  have  resolved,  I,  it  reso- 
lution of  the  Senate  and  House  of  Representatives  bearing  iate  this 
day  "That  the  state  of  war  between  the  United  States  and  the  Imperial 
German  Government  which  has  been  thrust  upon  the  United  States 
is  hereby  formally  declared"; 

Whereas  it  is  provided  by  Section  four  thousand  and  sixty-seven 
of  the  Revised  Statutes,  as  follows : 

Whenever  there  is  declared  a  war  between  the  United  States  and 
any  foreign  nation  or  government,  or  any  invasion  or  predatory 
incursion  is  perpetrated,  attempted,  or  threatened  against  the  terri- 
tory of  the  United  States,  by  any  foreign  nation  or  government,  and 
the  President  makes  public  proclamation  of  the  event,  all  natives, 
citizens,  denizens,  or  subjects  of  the  hostile  nation  or  government, 
being  males  of  the  age  of  fourteen  years  and  upwards,  who  shall 
be  within  the  United  States,  and  not  actually  naturalized,  shall  be 
liable  to  be  apprehended,  restrained,  secured,  and  removed,  as  alien 
enemies.  The  President  is  authorized,  in  any  such  event,  by  his 
proclamation  thereof,  or  other  public  act,  to  direct  the  conduct  to 
be  observed,  on  the  part  of  the  United  States,  toward  the  aliens  who 
become  so  liable;  the  manner  and  degree  of  the  restraint  to  which 
they  shall  be  subject,  and  in  what  cases,  and  upon  what  security  their 
residence  shall  be  permitted,  and  to  provide  for  the  removal  of  those 


I, 


' 


h  ' 


840        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

who,  not  beinn  permitted  to  reticle  within  the  United  States,  refuie 
or  neglect  to  depart  therefrom ;  and  to  eatabliah  any  other  regulationi 
which  arc  found  ncccMary  in  the  premiaet  and  for  the  public  aafety ; 
Whereah,  by  Sections  four  thousand  and  sixty-eight,  four  thou- 
sand and  sixty-nine,  and  four  thousand  and  seventy,  of  the  Revised 
Statutes,  further  provision  is  made  relative  to  alien  enemies; 

Now,  TuERKroRE,  I,  WooDROW  W1L8ON,  President  of  the  United 
States  of  America,  do  hereby  proclaim  to  all  whom  it  may  concern  that 
a  state  of  wor  exists  between  the  United  States  and  the  Imperial 
German  Government;  and  I  do  specially  direct  all  officers,  civil  or 
military,  of  the  United  States  that  they  exercise  vigilance  and  zeal 
in  the  discharge  of  the  duties  incident  to  such  a  state  of  war ;  and  I 
do,  moreovL'r,  earnestly  appeal  to  all  American  citiiens  that  they,  in 
loyal  devotion  to  their  country,  dedicated  from  its  foundation  to 
the  principles  of  liberty  and  justice,  uphold  the  laws  of  the  land, 
and  give  undivided  and  willing  support  to  those  measures  which 
may  be  adopted  by  the  constitutional  authorities  in  prosecuting  the 
war  to  a  successful  issue  and  in  obtaining  a  secure  and  just  peace ; 

And,  acting  under  and  by  virtue  of  the  authority  vested  in  me  by 
the  Constitution  of  the  United  States  and  the  said  sections  of  the 
Revised  Statutes,  I  do  hereby  further  proclaim  and  direct  that  the 
conduct  to  be  observed  on  the  part  of  the  United  States  towards  all 
natives,  citizens,  denizens,  or  subjects  of  Germany,  being  males  of 
the  age  of  fourteen  years  and  upwards,  who  shall  be  within  the 
United  States  and  not  actually  naturalized,  who  for  the  purpose  of 
this  proclamation  and  under  such  sections  of  the  Revised  Statutes 
are  termed  alien  enemies,  shall  be  as  follows: 

All  alien  enemies  are  enjoined  to  preser  ;  the  peace  towards  the 
United  States  and  to  refrain  from  crime  against  the  public  safety, 
and  from  violating  the  laws  of  the  United  States  and  of  the  States 
and  Territories  thereof,  and  to  refrain  from  actual  hostility  or  giving 
information,  aid  or  comfort  to  the  enemies  of  the  United  States,  and 
to  comply  strictly  with  the  regulations  which  are  hereby  or  which 
may  be  from  time  to  time  promulgated  by  the  President;  and  so 
long  as  they  shall  conduct  themselves  in  accordance  with  law.  they 
shall  be  undisturbed  in  the  peaceful  pursuit  of  their  lives  and  occu- 
pations and  be  accorded  the  consideration  due  to  all  peaceful  and 
law-abiding  persons,  except  so  far  as  restrictions  may  be  necessary 
for  their  own  protection  and  for  the  safety  of  the  United  States;  and 
towards  such  alien  enemies  as  conduct  themselves  in  accordance  with 
law.  all  citizens  of  the  United  States  are  enjoined  to  preserve  the 


THE  UNITED  STATES  AND  GERMANY 


341 


peace  and  to  treat  them  with  all  luch  fr'^ndlineia  ai  may  be  com- 
patible with  loyalty  and  allegiance  to  the  tnited  States; 

And  all  alien  enemicH  who  fail  to  conduct  themselves  as  so  en- 
joined, in  addition  to  all  other  penalties  prescribed  by  law,  shall  be 
liable  to  n>8traint,  or  to  give  security,  or  to  remove  and  depart  from 
the  United  States  in  the  manner  prescribed  hy  Sections  four  thousand 
and  sixty-nine  and  four  thousand  and  seventy  of  the  Kevisod  Statutes, 
and  as  prescribed  in  the  reflations  duly  promulifutcd  by  the 
President ; 

And  pursuant  to  the  authority  vested  in  me,  I  hereby  declare  and 
establish  the  followinir  regulations,  which  I  find  necessary  in  the 
premises  and  for  the  public  safety: 

(1)  An  alien  enemy  shall  not  have  in  his  possession,  at  any  time 
or  place,  any  flre-arm,  weapon  or  implement  of  war,  or  com- 
ponent part  thereof,  ammunition,  maxim  or  other  silencer, 
bomb  or  explosive  or  material  used  in  the  manufacture  of 
explosives ; 

(2)  An  alien  enemy  shall  not  have  in  his  possession  at  any  time 
or  place,  or  use  or  operate  any  aircraft  or  wireless  apparatus, 
or  any  *  »»  of  signalling  device,  or  any  form  of  cipher 
code,  or  a'  paper,  document  or  book  written  or  printed  in 
cipher  or  .-  which  there  may  be  invisible  writing; 

(3)  All  property  found  i.i  the  possession  of  an  alien  enemy  in 
violation  of  the  foregoing  regulations  shall  be  subject  t« 
seizure  by  the  United  States ; 

(4)  An  alien  enemy  shall  not  approach  or  be  found  within  one- 
half  of  a  mile  of  any  Federal  or  State  fort,  camp,  arsenal, 
aircraft  station,  Government  or  naval  vessel,  navy  yard, 
factory,  or  workshop  for  the  monufacture  of  munitions  of 
war  or  of  any  products  for  the  use  of  the  army  or  navy ; 

(5)  An  alien  enemy  shall  not  write,  print,  or  publish  any  attack 
or  threats  against  the  Government  or  Congress  of  the  United 
States,  or  either  branch  thereof,  or  against  the  measures  or 
policy  of  the  United  Stotes,  or  against  the  person  or  prop- 
erty of  any  person  in  the  military,  nrval,  or  civil  service  of 
the  United  States,  or  of  the  States  or  Territories,  or  of  the 
District  of  Columbia,  or  of  the  municipal  governments 
therein ; 

(6)  An  alien  enemy  shall  not  commit  or  abet  any  hostile  art 
against  the  United  States,  or  give  information,  aid,  or  com- 
fort to  its  enemies ; 

(7)  An  alien  enemy  shall  not  reside  in  or  continue  to  reside  in, 
to  remain  in,  or  enter  any  locality  which  the  President  may 
from  time  to  time  designate  by  Executive  Order  as  a  pro- 
hibited area  in  which  residence  by  an  alien  enemy  shall  be 
found  by  liim  to  constitute  a  danger  to  the  public  peace  and 


U.:'.': 


842        DIPLOMATIC  CORRESPONDENCE  BETWEEN 

safety  of  the  United  States,  except  hy  permit  from  the 
President  and  except  under  such  limitations  or  restrictions 
as  the  President  may  prescribe ; 

(8)  An  alien  enem'-  whom  the  President  shall  have  reasonable 
cause  to  believe  to  be  aiding  or  pbout  to  aid  the  enemy,  or 
to  bt"  at  large  to  the  danger  of  the  public  peace  or  safety  of 
the  United  States,  or  to  have  violated  or  to  be  about  to 
violat.-  any  of  these  regulations,  shall  remove  to  any  location 
designated  by  the  President  by  Executive  Order,  and  shall 
not  remove  therefrom  without  a  permit,  or  shall  depart  from 
the  United  States  if  so  required  by  the  President ; 

(•»)  No  alien  enemv  shall  depart  from  the  United  States  until 
he  shall  have  received  such  permit  as  the  President  shall 
prescribe,  or  except  under  order  of  a  court,  judge,  or  justice, 
under  Sections  4069  and  4070  of  the  Revised  Statutes ; 

(10)  No  alien  enemy  shall  land  in  or  enter  the  United  States, 
except  under  such  restrictions  and  at  such  places  as  the 
President  may  prescribe ; 

(11)  If  necessary  to  prevent  violations  of  these  regulations,  all 
alien  enemies  will  be  obliged  to  register ; 

(12)  \n  alien  enemy  whom  there  may  be  reasonable  cause  to 
believe  to  be  aiding  or  about  to  aid  the  enemy,  or  who  may 
be  at  large  to  the  danger  of  the  public  peace  or  safety,  or 
who  violates  or  attempts  to  violate,  or  of  whom  there  is 
reasonable  ground  to  believe  that  he  is  about  to  violate,  any 
regulation  duly  promulgated  by  the  President,  or  any  crim- 
inal law  of  the  United  States,  or  of  the  States  or  Territories 
thereof,  will  be  subject  to  summary  arrest  by  the  United 
States  Marshal,  or  his  deputy,  or  such  other  officer  as  the 
President  shall  designate,  and  to  confinement  in  such  peni- 
tentiary, prison,  jail,  military  camp,  or  other  place  of  deten- 
tion as  may  be  directed  by  the  President.  •     ,     ^  n 

This  proclamation  and  the  regulations  herein  contained  shall 
extend  and  apply  to  all  land  and  water,  continental  or  insular,  in 
any  way  within  the  jurisdiction  of  the  United  States. 

In  Witness  Whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  sixth  day  of  April, 
in  the  year  of  our  Lord  one  thousand  nine  hundred 
[SEAL.]         and  seventeen,  and  of  the  independence  of  the  United 
States  the  one  hundred  and  forty-first. 

WOODROW  WllSON. 

By  the  President : 
Robert  Lansing, 

Secretary  of  State. 


VI 


INDEX 


I 


Abdul  Hamid,  Sultan  of  Turkey,  296. 

Aberle,  Walter,  taken  prisoner  on  Ger- 
man prize  ship  Yarrotcdale,  222. 

Acid,  nitric  and  sulphuric,  contraband, 
9. 

Adams,  John,  negotiated  Treaty  o{ 
1785  56. 

Adams,  William,  taken  prisoner  on  Ger- 
man prize  ship  Yarrotcdale,  222. 

Aeroplanes,  contraband,  0. 

African  Steam  Navigation,  Ltd.,  filed 
suit  against  Appam,  198. 

Agriculture,  machines  for,  not  oontra- 
band,  10. 

Aircraft,  contraband,  9. 

Airship,  named  America,  made  in 
America  for  England,  208. 

Airships,  conditional  contraband,  3; 
contraband,  9. 

Alabama  Claims  Commission,  award 
quoted  as  to  tenders  to  warships,  145. 

Allen,  John,  taken  prisoner  on  German 
prize  ship  Yarrotcdale,  222. 

Alsace-Lorraine,  281. 

Aluminum,  conditional  contraband,  7-8; 
contraband,  10. 

American  citizens,  no  protection  to 
enemy  ships,  59;  a  protection  to 
armed  merchantmen,  77. 

American  consular  officers,  228. 

American  passenger  steamers,  Germany 
suggests  special  markings  for  identi- 
fication, 59;  American  Government 
to  guarantee  vessels  have  no  contra- 
band on  board,  59;  Germany  pro- 
poses to  allow  four  enemy  passenger 
ships  for  passenger  traffic  between 
the  United  States  and  England,  60; 
United  States  refuses  suggestion,  63. 

American  prisoners  of  war,  220-228. 

Ammon'a,  not  contraband,  10. 

Animals,  saddle,  draft  and  p'.ck,  con- 
traband, 3,  !». 

Antiuuny,  with  sulphides  ail  oxides 
of,  contraband,   10. 

Antwerp,  Germany  willing  to  illow  al- 
lied and  neutral  consuls,  in,  229; 
Germany  has  no  objection  to  Ameri- 
can consul  at,  235;  not  included  in 
suspension  of  food  requisitions,  251. 

Appam,  steamer,  British  Admiralty  or- 
der   to    armed    merchantmen    found 


on,  137;  case  of,  197-207;  note  from 
German  Ambassador,  197-139;  cap- 
tured by  German  naval  forces  and 
brought  into  Newport  News,  Vir- 
ginia, 197;  commanding  officer  in- 
tends to  stay  in  an  American  port 
until  further  notice,  in  accordance 
with  Prussian-American  Treaty  of 
1785,  197;  Germany  considers  ship 
not  an  auxiliary  cruiser,  but  a 
prize,  to  be  dealt  with  accord- 
ing to  Prussian-American  Treaty 
of  1799,  197;  carried  locked-up 
military  party  whose  internment  is 
asked,  197;  crew  tried  to  offer  re- 
sistance and  guns  were  trained  on 
warships,  197;  memorandum  from 
German  Embassy,  197-198;  must 
be  dealt  with  according  to  Article 
19  of  treaty  of  1799,  107;  Arti- 
cle 21  of  Hague  Convention,  No. 
XIII,  concerning  neutrality  not  ap- 
plicable, as  '"  Inland  has  not  ratified 
Convention,  i.  treaty  authorizes 
prize  ship  to  remain  in  American 
port  18  long  as  '  ■  pleases,  198; 
neither  ship  nor  .  >  crew  can  be 
interned,  nor  can  ,  j  Ize  be  turntd 
over  to  England,  198;  libei  suit 
filed  against  vessel,  198;  note  from 
German  Ambassador,  198-!99;  asks 
that  libel  suit  be  dimissed,  19S;  flics 
German  flag  and  belongs  to  German 
Government,  199;  American  reply  to 
German  notes  of  February  2  and 
22,  199-202:  treaty  docs  not  ap- 
ply, 201 ;  ship  did  not  come  into 
port  accompanied  by  warship,  201; 
commission  of  commander  di- 
rects ship  to  lay  up  in  American 
port,  201 ;  treaty  contemplates  only 
temporary  asylum,  not  deposit  of 
spoils  of  war  in  American  port,  201 ; 
can  only  enjoy  privilege  g.  anted  prizes 
of  war  to  enter  neutral  ports,  in  case 
of  stress  of  weather,  want  of  fuel, 
and  provisions  or  necessity  of  repair, 
201 ;  Department  has  no  information 
as  to  grounds  of  libel,  202;  under- 
stood libelants  claim  title  to  vessel 
is  properly  in  British  owners,  202; 
United    States    court    has    properly 


I  ; 


i  ■ 


345 


346 


INDEX 


ii'i 

1^ 


ksiumed    jurisdiction,    202;    United 
SUtes  District  Attorney  instructed  to 
appear  in  caw  and  present  tn  court  a 
copy  of  note  of  German  Ambassador, 
'202;  United  States  has  decided  tliat 
military  party,  and  officers  and  crew 
who    offered    resistance    to    Moetre, 
should   be   released,   --'O-i;    note   from 
German   Emba-isy,   202-203;   protests 
that   District   Court   has  been  aslced 
to  guard  against  augmentation  of  cr  "W 
and  attempt  to  escape,  202;   objects 
to    s'rAp    !'ei;';;    taken    to    a    wharf, 
203;     p.L'iv.i-i-    t':at    no    augmenta- 
tion of  erew  or  equipment  shall   be 
made    and    no    attempt    to   run    the 
vessel    away,    203;    as    District    At- 
torney nppiared  at  hearing  but  did 
not  ask  dii-mis-nl  of  libel  request  for 
fiirtb  r  pppearance  withdrawn.  203; 
note  and  memorandum  from  German 
Embassy,     204-205;     proposes    same 
refirenJe    as    to     interpretation     of 
treaty  as  in  case  of  ^Villiam  P.  Fri/"-, 
provided  status  of  ship  remains  un- 
changed and  steamer  allowed  to  re- 
main  with   prize   crew    in   American 
port,    204;    Germany   does   not    con- 
sider     correct     the     American      in- 
terpretation of  Treaty  of   170!),  204; 
arrival  of  ship  under  prize  crew  takes 
place  of   capturing   vessel,   204;    ar- 
rival under  prize  crew  ajjprovcd  by 
Article  23  of  Hague  Convention  re- 
garding neutrality  in  maritime  war, 
204;    Prussian-American   treaties   do 
not  require  mention  of  German  port 
in  commission  of  captor,  205;  right 
of  asylum  continues  so  long  as  prize 
crew  "is  aboard  and  danger  of  cap- 
ture exists,  205;  so  long  as  right  of 
asvlum    exists    courts    do    not    have 
jurisdiction,  a  German  Prize  Court 
alone  being  competent.  205;   opinion 
of  Department  of  State  that  Ameri- 
can courts  must  decide  about  claims 
of  British  shipping  company,  incom- 
patible with  treaty  stipulations,  205; 
asks  that  prize  crew  be  permitted  to 
remain   on   board   and   libel   be   dis- 
missed, 205;  American  reply  to  Ger- 
man    note     and     memorandum     of 
March  16,  205-207;  agrees  with  Ger- 
many that  treaty  was  made  to  cover 
a    different    mode   of    warfare,    200: 
does     not     lielieve     treaty     intended 
to    cover    permanent    asylum.    206; 
United    States    never    has    assented 
to  her  sequestration  o«  -rizes  in  its 
ports,  206;   refuses  to  refer  question 


to  The  Hague  Court,  207 ;  acceptance 
would   defeat    Article   23    of    Hague 
Convention    XIII,   207;    case  differs 
from  that  of  William  P.  Frye,  207; 
United    States   Court   having   taken 
jurisdiction,    that    jurisdiction    can 
only    lie    dissolved    by   judicial    pro- 
ceedings, 207 ;  if  court  dismisses  libel 
and   ship   depart  after  a   reasonable 
time,    for    voyage    to    nearest    Ger- 
man   port,    the    United    States   will- 
ing to  accept   proposal   to   arbitrate 
treaty    interpretation,    207;     failing 
this,  ship  to  be  released  and  crew  in- 
terned, 207. 
Arabia,  steamer.  United  States  inmiirea 
as  to  the  sinking,  101 ;  finds  itself  un- 
able to  square  this  with  assurance  of 
German  Government  of  May  4,  1916, 
101;    women    and     children    plainly 
seen  on  deck  when  ship   was  torpe- 
doed,   101;    German   reply,    105-106; 
reports      submarine     believed     ship 
a    transport,    and    mistook    women 
and  children  for   Orientals,   brought 
to  work  behind  lines,   105-106;   if  it 
is    shown    Arabia    was    an    ordinary 
passenger    steamer    Germany    would 
make  reparation,  106. 
Arabic,   steamer,   German    Ambassador 
asks   United  States  to  refrain  from 
taking    definite    stand    till    German 
report     is    made,    64;     to     lie    dis- 
cussed liefore  Luaitania  question.  65; 
German    report    on    sinking,    65-66; 
sunk  because  submarine  commander 
thought     submarine     about     to     be 
rammed,   60;    Germany    regrets   loss 
of    life,   but    unwilling  to   grant   in- 
demnity, C6;  willing  to  submit  ques- 
tion to"  Hague  Permanent  Court,  66; 
if  submitted,  decision  will  not  be  a 
general  decision  as  to  legality  of  use 
of    submarines,    66;    United    States 
submits  evidence  in  case,  68-69;  Ger- 
man reply,  70 ;  attacked  by  submarine 
commander   against  orders,   70;   Im- 
perial  Government   regrets   and   dis- 
avows   act,    70;    indemnity    will    be 
paid  by  Germany,  70;  such  an  attack 
not  possible  again,  70;  offers  to  ne- 
gotiate as  to  amount  of   indemnity, 
70;  United  States  accepts  apology  and 
offer  to  negotiate,  70-71;   attack  on, 
327. 
Archer,  tender  to  the  Florida,  145. 
Arctic  Ocean,  declared  a  war  zone  by 

Germany,  300-310. 
Armed   merchant    vessels.    British    Ad- 
miralty    recommends    English    mer- 


INDEX 


347 


chant  vessel*  to  use  neutral 
flags.  33;  impossible  for  subma- 
rines to  conform  to  old  rules  of 
international  law,  77;  correspond- 
ence relative  to,  I10l;i7;  American 
memorandum  concerning  status  of, 
visiting  American  porta,  116-117; 
German  memorandum  reli*ive  to, 
llH-llit;  American  rule  fails  to  com- 
ply with  principles  of  neutrality, 
118;  resistance  by  merchant  ships 
contrary  to  international  law,  118; 
sliould  receive  no  better  treatment 
than  regular  warsliips,  118-119;  n» 
guarantee  that  armament  will  be 
used  for  defense  only,  110;  second 
Ainrriean  note  on,  11<.»-120;  United 
States  dissents  from  German 
view,  110;  practice  and  authorities, 
including  German,  support  American 
view,  110;  neutral  government  must 
regulate  its  treatment  in  accordance 
with  intended  uoe  of  armament,  1 19 ; 
United  States  objects  to  passing  upon 
intended  use  of  a  vessel,  120;  as 
result  of  representations  no  armed 
merchant  vessels  have  visited  Amer- 
ican ports  since  September  10,  120; 
only  two  private  armed  vessels  have 
entered  or  cleared  since  beginning  of 
war,  120;  Germany  asked  to  prevent 
German  armed  merchant  vessels  from 
entering  American  ports,  120;  Ger- 
man memorandum  relative  to,  120- 
135;  Great  Britain  armed  merchant- 
men in  1913,  121;  Great  Britain 
claims  merchant  vessels  retain 
peaceable  character  so  long  as  armed 
for  defense  only,  121-122;  German 
submarine  attacked  by  English 
yacht,  121 ;  British  Prize  Court  rule 
No.  1  provides  ship  of  war  shall  in- 
clude armed  ship,  122 ;  Germany  con- 
tends ship  assumes  warlike  character 
by  armament  with  guns,  regardless 
of  whether  for  defense  or  attack, 
122;  some  neutrals  have  adopted 
British  and  some  German  view,  122; 
British  armed  merchantmen  have  at- 
tacked German  war  vessels,  while 
flyiug  'alse  flags,  122;  Allies  of  Great 
Britain  also  follow  her  example,  122 ; 
have  no  right  to  be  considered  peace- 
able vessels  of  commerce,  123;  Ger- 
man naval  vessels  will  be  ordered  to 
treat  such  vessels  as  belligerents, 
123 ;  neutrals  are  warned  not  to  trust 
persons  or  property  to  enemy  armed 
merchantmen,  124;  declaration  of 
Winston  Churchill,  March  26,   1913, 


124 ;  assurance  by  Great  Britain  that 
merchantmen  will  be  armed  foi  de- 
fense only,  125;  memorandum  of  Ger- 
many (October  13,  1914)  with  digest 
of  cases  in  which  British  Merchant- 
men have  attacked  submarines,  126- 
129;  British  instructions  to  merchant 
ships  as  to  attack  on  enemy  ships, 
122,  129,  130-135;  British  merchant- 
men ordered  to  conceal  instructions  as 
to  attack  on.  123,  135;  Briti^ih  in- 
structions to  transports  carrying 
troops,  134-135;  British  instructions 
to  British  merchant  ships  in  Mediter- 
ranean. I.'i5:  British  armed  merchant- 
men to  attack  submarine  on  sight, 
137.     Nre  also  Merchant  Vessels. 

Armrnian,  steamer,  Americans  lost  on, 
.327. 

Armor  plates,  contraband,  3,  9. 

Arms  and  munitions,  contraband,  3,  8; 
implements  for  repair  of.  contraband, 
9;  trade  :n,  31,  33:  shipping 
forbidden  from  neutral  countries,  39; 
German  people  know  to  what  extent 
supplied  by  United  States,  92;  memo- 
randum from  German  Embassy,  146- 
147 ;  drawn  by  Germany's  enemies  from 
United  .States.  14fi,  147;  exportation 
of,  151-155;  German  protest  against 
exportation,  151 ;  delivery  of  arms  to 
Germany,  151 ;  citation  of  arms  fur- 
nished by  Germany  in  former  wars 
not  applicable,  152;  United  States 
only  neutral  country  able  to  fur- 
nish arms,  152;  United  States  build- 
ing up  powerful  industry  in,  152; 
theoretical  willingness  to  supply 
Germany  does  not  apply,  152;  lifting 
of  embargo  on  to  Mexico,  152; 
American  answer  to  German  pro 
test,  153-155;  United  States  at  a 
loss  to  interpret  German  treatment 
of  subject,  153;  obligation  of  neu- 
tral powers,  154:  language  of  German 
memorandum  susceptible  of  being 
construed  as  impugning  good  faith, 
154;  not  within  choice  of  United 
States  to  inhibit  trade,  1.55;  no 
change  possible  in  neutrality  laws 
during  the  war,  155;  placing  of  em- 
bargo would  constitute  such  a  change, 
155. 

Austria-Hungary,  136;  reply  to  the  an- 
swer of  the  Allied  Powers  to  peace 
overtures  of  the  Central  Powers,  282- 
284;  reply  to  peace  suggestions  of 
President  "Wilson,  289-290;  activities 
of  Ambassador  Duml«,  332. 

Autocrat  Manufacturing  Company,  208. 


M 


ir 


H 


348 


INDEX 


■>ii 


Balfour,  Arthur  James,  further  roply 
to  the  guggestion  of  the  President  of 
the  United  States  a*  to  peace  nego- 
tiation*, 205-208. 
Balloons,    conditional    contraband,    3; 

contraband,  0. 
Balto,  steamer,  110,  111. 
Bnndoeing,  Btoamcr,  attack  on,  05. 
fiantry,  Ireland,  79. 

Barbara,  steamer,  United  States  in- 
quires as  to  ;:.inking  of,  107 ;  Ger- 
many reports  steamer  sunk  after 
crew  was  placed  in  safety,  115. 
Barbed  wire  and  implements  for  cut- 
ting same,  ■  .nditional  contraband,  3; 
contraband,  i). 
Barlow,    Captain,    reports    attack    on 

steamer  Oirego.  07. 
Bates,    Lindon    W.,    vice    chairman    of 
Belgian    Relief    Commission,    thanks 
Germany  for  arrangements  affecting 
safe  conduct  of  unmutral  ships  car- 
rying   supplies    for    Belgian    Relief 
Committee,  242;  British  Government 
requires  that  all  Belgian  relief  ships 
report    to    British    Ambassador    by, 
244. 
Beatty,  Rear  Admiral,  108. 
Beer,    Henry    S.,    and    Mrs.    Henry    S. 

Beer,  statement  as  to  Sussex,  87. 
Belgian  Relief  Committee,  formed  for 
importing  foodstuffs  for  poor  of  Bel- 
gium, 236;  Great  Britain  consents 
to  export  of  supplies  on  condition 
that  they  be  dispatched  by  American 
Embassy,  and  consigned  American 
Legation  in  Brussels,  236;  German 
military  authorities  consent  to  im- 
portation of  food  for  Belgium,  236; 
not  money  but  food  needed,  237 ;  Ger- 
man Government  approves,  237; 
Germany  promises  not  to  confiscate 
foodstults,  238;  no  food  can  he  ex- 
ported from  England  or  Holland, 
C38;  Netherlnnd  Government  gives 
permission  to  committee  to  distrib- 
ute to  agents  in  Belgium  food 
landed  at  Rotterdam,  238;  United 
States  asks  France  to  allow  goods 
for  committee  to  go  through.  230; 
asks  if  Germany  has  placed  'mbargo 
on  importation  into  Belgium  of  thor- 
oughly disinfected  second-lmiid  cloth- 
ing, 230;  France  agrees  to  Importa- 
tion, through  Holland,  of  JiKxIstuffs 
lor  Belgium,  230;  United  States  asks 
safe  passage  for  British  and  neutral 
ships  flying  committee  flag,  l)ound 
for  Rotterdam  with  food  for  Belgium, 
239;  asks  permission  for  Americana 


to  engage  in  distribution,  230 ;  German 
Government  grants  request  of  United 
States  that  neutral  ships  be  permit- 
ted to  carry  to  Holland  food  destined 
for  Belgium,  240 ;  Germany  alio  agrees, 
subject   to  revocation,  to  allow  free 
passage  to  unneutral  ships,  carrying 
certificate  from  competent  American 
authority,  240;  inquiry  Iteing  made  as 
to  distribution  of  food  bv  Americans 
in   automobiles,   240;    United   States 
agrees   to   Germany's   request   as   to 
certificates  for  unneutral  ships,  241; 
Germany   agrees   to   proposals,   241 ; 
German   consuls   instructi-d  to   issue 
safe  conduct  to  unneutral  ships,  241; 
American    Consul    General    .Skinner 
asks  United  States  to  furnish  naval 
ships  to  carry  food  to  Belgium,  241 ; 
British  ship  owners  reluctant  to  s«'nd 
ships    to     Rotterdam,    242;     United 
States    has   no   suitable   ships,    242; 
Germany  grants  permission  to  Amer- 
icans to  distribute  food  in  Belgium, 
242;  committee  thanks  Germany  for 
arrangement  effecting  safe  conduct  of 
ships  carrving  supplies  for  Belgian 
Relief  Committee,  242 ;  Germany  sub- 
mits certificate  to  be  carried  by  un- 
neutral   ships   carrying    supplies    to 
Belgium,    243;    British    Government 
requiresall  Belgian  relief  ships  to  be  re- 
ported   to    British    Ambassador    at 
Washington,    244;     British    Govern- 
ment    will     pass    only     such     ships 
as  contain  whole  cargoes  of  f>.od  for 
Belgian        Relief,       244;        Girman 
Civil     Commander    of     Province    of 
Limbcrg    exacted    import    duties    on 
Relief    Committee's    foodsttiffs,    244; 
shipments   to   Limbcrg  discontinued, 
245;    General    von    Bissing    assures 
American  Minister  no  further  requi- 
sition of  foodstuffs  will  I)e  made  in 
Belgium,  245;  Imperial  Secretary  of 
State  for  Foreign  Affairs,  Zimmer- 
mann  assures  committee  no  further 
requisition    of    foodstuffs    would    be 
made    in    Belgium,    245;     Germany 
is    asked    if    non-neutral    ships    will 
be    interfered    with    on    return    voy- 
age,   246;     Germany    promises    not 
to  requisition  food  or  forage  which 
would    have   to   he    replaced    by    im- 
portation,    246;      import     duty     in 
Province      of       Limberg      removed, 
money   tax   refunded,   and   shipment 
of  supplies  to  Limt)erg  resumed,  247- 
240;   Netherland  Government  grant* 
free  use  of  governmental   railways, 


INDEX 


349 


and  Netherland  postal  and  tele- 
graphic uervice  for  work  of  commit- 
tee, 250;  Netherland  citizen  deiig- 
nated  by  Government  to  serve  on, 
250;  Germany  gives  assurance  that 
foodstuffs  imported  (or  region  of 
Givct  and  Furney,  and  as  far  as  the 
Meuse,  will  not  be  requisitioned, 
a.wasi,  253;  Rockefeller  Founda- 
tion have  agreed  to  furnish  food- 
stuffs for  this  region,  on  condition 
of  tlieir  being  transported  thither 
by  committee,  251 ;  German  military 
autliorities  claim  Antwrerp  was  ex- 
cepted from  agreement  relative  to 
suspension  of  requisitions,  although 
no  statement  to  that  effect  was  made, 
251;  cattle  and  their  food  hereafter 
exempt  from  requisition  when  im- 
ported by  Ccmiti  National  de  8e- 
court  et  d' Alimentation,  252;  Ger- 
many gives  formal  assurance  food- 
stuffs imported  from  the  United 
States  will  not  be  used  for  military 
or  naval  purposes,  252;  revictualling 
Maubeuge  district,  253;  France  con- 
sents to  shipment  of  Argentine  maize 
to  Rott'rdam  for  relief  of  Belgian 
and  French  people,  253;  German  re- 
ply to  request  for  safe  conduct  of 
non-neutral  sliips  carryinjf  Belgian 
Relief  Committee  supplies,  255; 
ships  plainly  marked  as  relief  ships 
will  not  be  attacki'd  by  submarines, 
255;  Germany  cannot  issue  safe  con- 
duct to  non-neutral  ships  owing  to 
mines  in  war  zones,  255;  Great 
Britain  agrees  to  German  terms 
as  to  marking  on  relief  ships; 
German  Embe.ioy  informed,  255-256; 
Belgian  reliei  shi-)  Elftand  attacked 
by  aeroplane,  256 ;  German  admiralty 
explains  marking  not  recognizable 
and  suggests  markings  flat  on  upper 
deck,  256;  German  Government  has 
ordered  submarines  and  aeroplanes 
to  respect  relief  ships,  256;  all 
American  members  of  Belgian  Re- 
lief Commission  withdrawn,  256- 
2.57. 
Belgium,  British  protest  against  Ger- 
man violations  of  international  law 
in,  40-43;  International  Food  Com- 
mission, 40;  levies  in  money  for  the 
support  of  the  German  army,  40; 
status  of  consular  officers  in,  228-236 ; 
no  consular  officers  in  East  and  West 
Flanders,  228;  consular  officers  to  be 
permitted  for  present  in  Brussels, 
Antwerp,   and   LiSgc,    228;    Belgium 


protests  against  cancelling  of  ex- 
equaturs, 22!)-230;  military  occupa- 
tion only  de  facto  possession,  and 
right  to  cancel  exequaturs  not  de- 
rived from  that  title,  230;  German 
answer  to  Belgian  protest,  230-231, 
233;  Germany  does  not  consider  pro- 
test well  founded,  230;  circular  note 
of  Germany  does  not  touch  rights 
of  Belgian  Government,  233;  reply 
of  Belgian  Government,  233;  no  gen- 
eral right  of  cancellation  warranted, 
234;  in  normal  times  produces  only 
one-sixth  of  foodstuffs  used,  237 ;  re- 
lief service,  250;  Belgian  reply  to 
peace  offer  of  Central  Powers,  277- 
270;  Belgian  reply  to  peace  sugges- 
tions of  President  Wilson,  201-202; 
violation  of,  203.  See  alto  Belgian 
Relief  Committee,  Deportation  of 
civilians  from  Belgium. 
Belligerent  vessels,  supplies  for,  138- 
150;  memorandum  of  the  United 
States  relative  to  supplies  for,  U6, 
138;  Germany  charges  supplies  were 
carried  to  British  cruiser  Eiaex,  140 : 
cases  of  German  ships  Lockaun  and 
Oder,  141-145;  Hague  conventions 
relative  to,  146;  German  memoran- 
dum on,  146-147;  coaling  of  German 
warships  requested,  147;  American 
statement  on,  148-150;  to  investi- 
gate all  vessels  suspected  of  carrying 
supplies  to  belligerent  ships,  150. 
Bemis,  Samuel  E.,  evidence  in  Sussex 

case,  87. 
Berg,  Hans,  Lieutenant,  brought  cap- 
tured British  steamer  Appam  into 
Newport  News,  Virginia,  107 ;  in- 
formed German  Ambassador  that 
libel  suit  had  been  filed  against 
vessel,  and  he  had  been  cited  to  ap- 
pear to  answer,  108-200. 
Bernstorff,  Johann,  Count  von.  Imperial 
German  Amliassador  to  the  United 
States,  12,  21,  23,  64,  65,  70,  73,  74, 
78,  95,  136.  140,  142,  143,  146,  147, 
151,  157,  160,  16.->,  166,  171,  107, 
100,  203,  204,  208,  212,  202,  264, 
301. 
Berwindvale,  steamer,  American  in- 
quiry as  to  sinking,  70;  Germany 
states  tank  steamer  sunk,  because 
of  attempt  to  escape  and  refusal 
to  stop;  crew  allowed  to  leave  be- 
fore ship  was  sunk,  80;  sinking  of, 
32!>. 
Bethmann-Hollwcg  von.   Chancellor  of 

Germany,  275. 
Bieberstein,  Baron  Marscbal  von,  first 


rl 


i 

if 


a 


350 


INDEX 


H :'-:. 


Mi:; 


m 


it 


Qmrnn  aflpgate  to   8«cond   Hague 
Conlerence,  13-U. 
Biermann,  Erich,  escape  from  intern- 
ment of,  1«J,  loa. 
Binmarck,  Prince,  quotation  from,  on 
interference  witli  foodstuffs  for  civil- 
ian population  (IHti.'ii,  42. 
Bisi'ing,    KreiliiTr    von,    Governor-Gen- 
eral in  BelRium,  245.  M2.  2»i». 
Blackc.  .Joseph,  taken  prisoner  on  Ger- 
man prize  ship  Yurrontlale,  222. 
Blockade.     German     Admiralty     proc- 
lamation   (Kill.    4,    un:.\    declaring 
waters    around    Great    Britain    and 
Ireland  a   war  zone.  24-2o-,   German 
memorial.    25-27;    American    protest 
27-2!l;  reply  to  .\mi  rican  protest,  29- 
35;  stoppage  of  fcKwlstuffs  an  admit- 
ted  consequence  of   blockade,  41-42; 
British  Government  state  a  blockade 
of  all  passage  to  or  from  Germany  hat 
been  instituted  by  cordon  of  ships.  42 ; 
of  neutral  coasts  by  Great  Britain, 
67 ;    seizing  of  neutral   merchandise 
bound  for  Germany.  57;  contrary  to 
international     law     established     by 
Great  Britain.  77;  right  admitted  by 
United    States.    154;    around    Great 
Britain,    France,    Italy.    Mediterra- 
nean, and  North  Sea.  announced  by 
Germany,  302-303;  of  Arctic  Ocean 
announced  by  Germany,  309-310. 
Boats  of  warships,  contraband,  3. 
Boers,  57. 

Bombardment  of  unfortified  towns,  41. 
Bones,  raw.  not  contraband,  11. 
Boots,  conditional  contraband,  3;  con- 
traband. 9,  10. 
Borkum,  Isle  of,  20. 
Boulogne.  France,  87. 
Bourle.    John    0..    taken    priaoner    on 
Gerjian  prize  ship  yorrowdoJe,  222. 
Boy-Ld,    Captain,    Naval    Attache    of 
German    Embassy,   recall    asked    by 
United    States,    210;     recall    again 
asked,     211;     German     Ambassador 
states  Emperor  has  recalled,  and  askj 
safe  conduct  for  officer  and  servant, 
212;    safe   conduct    granted    by    En- 
tente  Allies.   212;    notified   to    take 
southern  route  to  Holland  and  per- 
form no   unneutral   service,  such  as 
carrying  dispatches  to  German  Gov- 
ernment,  213;    passports   stnt,   213; 
activities  of,  331-334. 
Brady,  John,  taken  prisoner  on  German 

prize  ship  Yarrowdale.  222. 
Brauer,  Otto,  escape  from  internment  of, 
162;  now  on  board  cruiser  Lutxon  at 
Danzig,  162;   Germany  asked  to  re- 


turn, IM,  100;  return  again  asked, 
160. 

Brennan,   Edward,   taken   |  r  noner   on 
German  prize  ship  Yarr^j    iale,  J22. 
Bricks,  not  contralMnd,  11. 
Bristles,  not  contraband,  10. 

British  Admiralty,  published  list  of 
armed  merchant  vessels,  January, 
11)14,  121. 

British  Government,  sec  Great  Britain. 

British  Hoyal  Mail  Steam  Packet  Com- 
pany, passenger  steamer  belonging 
to,  fired  on  German  submarine.  6(i. 

Brown.  William,  taken  prisoner  on 
German  prize  ship  Yorrowdale,  222. 

Brussels.  Germany  willing  to  allow  al- 
lied and  neutral  consuls  in,  220;  He- 
lief  Commission  work  in,  •.;.')  1. 

Bryan,  William  J.,  Secretary  of  State 
of  United  States  (March  4,  1913- 
June  9.  lOlliK  1,  20,  37.  47,  62,  146, 
150,  LW,  167,  169,  174,  176,  170, 
210,  214,  2i5,  232,  236,  241,  247. 
248,  266. 

Bukowina,  281. 

Bulgaria,  283;  reply  to  peace  sugges- 
tions of  President  Wilson.  280-290. 

Bullion,  gold  or  silver,  conditional 
contraband,  3 ;  contraband,  0. 

Bullrock  Bank,  88. 

Bundetrat,  resolution  tnking  over  grain 
stocks,  151. 

Camarinas,  Bay  of,  111. 
Camp  eqtiipment,  contraband,  3,  0. 
Cannon  barrels,  contraband,  8. 
Caprivi    Count,    quotation    from,    on 
interference  with  foodstuffs  for  civil- 
ian population  (1802),  42. 
Capture,  abolishment  of,  right  of,  57. 

Carib,  steamer,  sinking  of,  21-23;  Ger- 
man Ambassador  states  Carib  lost  by 
not  following  German  notice  to 
mariners,  21;  captain  denies  British 
boarding  oflficer  gave  false  directions, 
22. 

Carlo,  John,  taken  prisoner  on  German 
prize  ship  YarroKdale,  222. 

Carranza,  Venustiziano,  embargo  on 
arms  to  Mexico  lifted,  153. 

Cartridges  and  component  parts,  con- 
traband, 8. 

Caustic  soda,  not  contraband,  10. 

Cavell,  Kdith,  execution  of,  294. 

Cerigo  Island,  105. 

Cerigo  Straits,  105. 

Chalk,  not  contraband,  10. 

Charcoal  cylinder  tar,  conditional  con- 
ti~band,  5. 

Cherbourg,  France,  79. 


INDEX 


351 


dlorlde  of  limp,  declared  not  contri- 
hand  by  Otrmany,  lu. 

Chrome  ore.  conditlimgl  c.mtraJiand,  0. 

Chronometer*,  conditional  contraband, 
.'I:  contraband,  s. 

Churcliill,  Winstcin,  First  Lord  of  Ad- 
miralty I  British  I,  declaration  ai  to 
arminfr  merchant  veHiiels,  l''4. 

Clan  McTaii$h,  steamer,  tired  on  sub- 
marine. 133. 

Clarence,  the,  tender  to  the  Florida, 
14.5. 

Clarlj.  Edward,  taken  priioner  on  Ger- 
man prize  ship  Vnrroirrfn/f,  222. 

Clay,  not  contraltand.  10. 

Clockd,  not  contraband,  10. 

Clothing  and  equipment,  oon^faband, 
;i.  ». 

Clothing  fabric*,  conditional  >.ontra- 
band.  3,  0. 

Coal,  not  contraband.  9;  bunker  coal, 
declared  contraband  by  Great  Britain 
to  force  neutral  tonnage  into  aervice 
of  Britiah  trade  war.  02. 

Coaling  of  German  warabipa.  141,  142, 
144,  145;  asked  by  Germany,  146; 
German  memorandum  on,  146-147; 
American  reply.  14S-150;  unaware 
of  refuial  of  port  authorities  to  al- 
low coaling,  14R-140. 

Cobalt,  contraliand.  10. 

Coin,  gold  and  silver,  conditional  con- 
traband, 3;  contraband.  0. 

Coke,  not  contraband,  0. 

Cole,  Captain,  captain  of  steamer 
Carib,  21. 

Columbian,  steamer,  American  inquiry 
as  to  sinking  of,  102;  Germany  re- 
ports s'  'p  visited  and  searched  by 
submai.je  and  allowed  to  proceed; 
afterwards  discovered  wireleesiMg  po- 
aition  of  submarine,  was  sunk  for 
unneutral  service,  110-111;  case  sub- 
mitted to  prize  court  at  Hamburg, 
HI. 

Comiti  Xalional  de  Sccour$  et  d'Ali- 
mentation,  253.  254:  letter  relative 
to  deportationH  of  civilians  from  Bel- 
gium, 258;  Germany  demands  list  of 
persons  receiviig  help.  268. 

Commerce  with  Germany,  151-155. 

Communipaw,  American  steamer,  at- 
tack on,  320. 

Committee  of  Mercy.  See  Comitt  Na- 
tional de  S(Cours  et  d' Alimentation. 

Conditional  contraband.  See  Contra- 
band of  war. 

Connolly,  Martin,  taken  prisoner  on 
German  prize  ship   Yarroxcdale,  222. 

Consular   officers,    status    in    occupied 


territory,  220.  German  note  vcrbale 
on.  220;"  temporary  recognition  grant- 
ed. 220;  cancellation  of  exequaturi, 
230;  Belgian  protest.  229-2.30;  Ger- 
man reply.  230-231 :  American  answer 
to  German  note,  2.30-231;  scond  Bel- 
gian protest.  233-234. 

Contraband  of  war.  German  rules.  211, 
31,  33;  German  list  nf  absolute  (Aug. 
6.  10141,  3-4:  additional  German 
lists,  n-7;  conditional,  3-11,  31,  3H, 
151 ;  German  list  of  conditional 
(Aug.  6,  1014),  4:  additional  lists, 
5-11;  provisions  extended  by  Great 
Britain  contrary  to  int.Tnational 
law.  77 ;  German  bunker  coal  declared 
contraband  to  force  neutral  tonnage 
into  service  of  the  British  trade  war, 
02,  140;  neutrality  and  trade  in, 
148;  Declaration  of  London  to  be 
followed  in  case  of  absolute  contra- 
band found  in  American  merchant 
ships,  101. 

Convoy  of  American  ships,  suggested 
by  Germany,  34. 

Copper,  conditional  contraband,  3,  5; 
contraband.  10. 

Copper  sulphate,  not  contraband,  10. 

Corals,  not  eont:  aband,  10. 

Cotton,  not  contraband,  10;  telegram* 
from  Germany  relating  to,  not  re- 
ceived, 215. 

Craft,  conditional  contraband,  3;  con- 
traband, 10. 

Culbertson,  T.  W.,  statement  aa  to 
Suffer,  87. 

Cupenberg,  Baron  von,  332. 

Curtis  Aeroplane  Plant,  Hammondi- 
port,  N.  Y.,  208. 

Cuthing,  steamer,  attack  on,  44;  caae 
being  investigated  by  Germany,  48; 
Germany  offers  to  submit  inquiry  to 
International  Commission  of  Inquiry 
pursuant  to  Article  III,  Hague  Con- 
vention for  Pacific  Settlement  of  In- 
ternational Disputes  ( 1907 ) ,  48 ;  ship 
sighted  near  Xordlund  Lightship  be- 
lieved to  have  been  the  Cuthing,  aska 
evidence  in  case,  51 ;  full  informa- 
tion to  be  furnished  German  (Jovern- 
ment  as  requested,  52;  attack  on,  327. 

Cvljnder  tar,  conditional  contraband, 
'4-fi. 

Czernir,  Count,  Austro-Hungarian  Min- 
ister i^    Foreign  Affairs,  284. 

Daily  Oraphic,  138. 

Daly,  Frank,  taken  prisoner  on  German 

prize  ship  Yamncdale,  222. 
Daniels,    Josephus,    Secretary    of    the 


352 


INDEX 


m 


N«Ty   (March  4,  1913-  ). 

217. 
Dardanelles  opcratlont,  104. 
Davli,    Ur.    John,    taken    prlaoner   on 
Uennan  prize  ahip  Yarrowdale,  222; 
in  priion  camp  at  KarUruhv,  222; 
departed  for  Denmark,  225. 
Declaration    of    London,    1-2;    United 
States  (UKgeRti  to  Germany  that  rules 
be  followed,  1 ;  Oermany  agrees  to  fol- 
low rules,  provided  other  bt'lligerent* 
do  so,  1;   United  States  withdraws 
suggestion    that    rules    be    followed 
and  states  that  rights  and  duties  of 
United  States  and  citizens  must  be 
defined  by  existing  rules  of  interna- 
tional law  and  treaties,  2 ;  German  or- 
dinance as  to  contraband  follows,  2- 
4;    British    violations   of   principles 
laid  down  in,  16;  German  memoran- 
dum on   (Feb   4,  1015).  25-27;  Ger- 
many has  followed,  30,  35,  37;   im- 
fiortation   of   raw   material   on   free 
ist  of,  38;   Germany  was  ready  to 
ratify,  57,  75,  76;  Leelanaic,  sunk  in 
accordance  with,  72;   Great  Britain 
declined  to   ratify,   76;    Pello,  sunk 
for  unneutral   service,  according  to, 
113;     Germany    claims    sinking    of 
William    P.    t'rye    to    be    in    accord 
with,    177,   185;   United   States  does 
not   regard   Declaration  as   in   force, 
179,   1!>2;   in  view  of  treaty  stipula- 
tions, the  United  States  does  not  con- 
sider necessary  to  discuss  Declaration 
of  London  in  connection  with  sinking 
of   WiUiam  P.  Frye.  17»;  Germany 
asserts  case  of  William  P.  Frye  was 
decided   according   to,    187;    German 
commanders  to  follow  Declaration  of 
London  as  to  destruction  of  absolute 
contraband    in    American    merchant- 
men,   I'Jl;    United    States    does   not 
admit   Declaration   is  in  force,   192; 
willing   to    have    German    command- 
ers   act    under    rule,    as    proposed, 
192. 
Declaration  of  Paris,  25,  281. 
Declaration  of   war  against  Germany, 
.316-342;     circular    telegram    to    all 
American  misnions    (April  2,   1917), 
.■JlO-.il";  address  of  President  Wilson 
at    joint    session    of    the    Congress 
(April  2,   1917),  317-325;   Flood   re- 
port on,  326-338;   joint  resolution  of 
Congress  declaring  a  state  of  war  to 
exist  with   Germany,  338-339;   proc- 
lamation of,  339-342. 
Deike,    Herman,   escaped    from    intern- 
ment, 163;  return  again  asked,  169. 


DelbrUck,  Gk>ttlieb  Ernst  Clement,  Vie* 

Imperial  Chancellor,  7. 
Delta.    See  Utlto,  steamer. 
Delta,  American  ino.uiry  as  to  sinking, 
100;  Germany  reports  ship  sunk  for 
unneutral  servii-e,  after  papers  had 
lieen  taken  and  crew  had  been  allowed 
to  leave,  113. 
Denmark,  food  supplies  to  England,  30. 
Depew,  Albert,  taken  prisoner  on  Ger- 
man prize  ship  Yarrowdale,  222. 
Deportation  of  civilians  from  Belgium, 
258-274 ;  Comiti  National  de  Secourt 
et  d'Alimetitatio*  offers  proof  of,  258 ; 
German    military    authorities    com- 
mand Comity  National  de  8ecour$  et 
d'Alimrntalion  to  furnish  lists  of  un- 
emoloyed,     258;     American     charg« 
brings  matter  informally  to  attention 
of  German  Forei^  (.MBce  and  investi- 
gation   is    promised,    250;    German 
memorandum  states  only  unemployed 
were  to  be  deported,  250;  American 
charg«  directed  to  call  attention  to 
bad  impression  this  action  will  have 
on  neutrals,  259 ;  United  States  pro- 
tests against  deportations,  260;  Ger- 
man reply  to  American  protest,  260; 
workmen   have   been   returned,   260; 
complaints  to  be  investigated,  260; 
German  Regulations  Governing  Idle- 
ness, 261-262;  no  change  in  German 
policy,  262;  deportations  amount  to 
3,000  to  6,000  per  week,  262;  no  dis- 
tinction as  to  whether  deportees  arc 
employed    or    unemployed,   262;    all 
members  of  certain  trades  seh'Cted, 
262;    forced    to    work    for    German 
army,  262;  refusal  to  perform  work 
met  with  refusal  of  food  and  other 
brutal  acts,  263;  deportees  returned 
because   physically    unfit,   or   stead- 
fast  refusal   to  work,   263;    between 
60,000  and  100,000  men  taken,  2,000 
returned,   263;    forced    to   sign   em- 
ployment contracts,  263;   requisition 
of  stocks  and  materials  increase  num- 
ber   of    unemployed,    263;     German 
memorandum  on  employmmt  of  Bel- 
gian  laborers  in  Germany,  264-267; 
report  of  American  minister  on,  267- 
270;  death  of  men  seized  in  Brussels, 
208;  men  returned  to  Mens,  Malincs, 
and  Antwerp,  269;   report  on  requi- 
sition of  Bi'Igian  workmen  from  Ma- 
lines,   269;    translation   of   summons 
sent  to  men   to  appear  for  deporta- 
tion, 270-273. 
Destruction  of  American  vessels,  28. 
Deutsche  Bucht,  18. 


INDEX 


»8 


DMtrieh,  Htutj  W.,  Amcrlcr.n  Contal- 
Uencral,  recognlMd  by  Otrmmnj  in 
Antwerp,  289. 

Dieppe,  France,  80. 

Olplomktic  rclationi  between  the  Uni- 
ted State*  and  Oermaay,  86.  tite  al$o, 
Severance  of  Diplomatic  Kelationa 
between  the  United  Statea  and  Ger- 
many. 

DUarmament    of    merchantmen,    pro- 

foiie<l  )iv  I'nited  States  (January  26, 
016),  "77. 

Display  by  naval  veiaeU  of  diitin 
fPiiMng  markii,  216-211). 

Dufki,  conditional  contraband.  3;  con- 
tratiand,  10. 

Dunnolip,  Richard,  taken  priaoner  on 
German  prize  ship  iarroicdale,  222. 

Downe,  The,  10. 

Draft  animaU,  contraband,  3.  n. 

Diunba,  Con.  tantin,  AuHtro-Hunf(arian 
nmbasMidor  to  tlie  United  Statea, 
332. 

DungeneRs,  RO. 

Uunalrii,  !S.  N.,  stopped  by  German  sub- 
marine, 63. 

Eagle  "oint,  steamer,  American  inquiry 
as  to  sinking  of,  70;  Germany  states 
■hip  refused  to  stop,  was  shelled  and 
iunk  after  crew  had  left  in  two 
boats;  two  other  boats  observed  left 
on  ship,  HI ;  sinking  of,  330. 

Earth,  declared  not  contraband  by  Ger- 
many, 11. 

East  Friesian  Islands,  21,  22. 

Ebony,  not  contraband,  4. 

Ecliptc,  yacht,  interned  German  of- 
ficers and  men  supposed  to  have  es- 
caped in,  162. 

Economic  Conference,  Paris  (1916), 
300. 

Edge,  Vinciah,  taken  prisoner  on  Ger- 
man prize  ship  Yarroicdale,  222. 

Egan,  Maurice  F.,  American  Minister 
to  Denmark,  22.5. 

Eider,  River,  17,  18,  19. 

Elbe.  River,  17-19. 

Elfland,  steamer,  Belgian  relief  ship 
attacked  by  German  aeroplanes,  256. 

Embargo  on  arms  to  Mexico  lifted,  152- 
153. 

Ems,  River,  17,  i      10. 

England.     Kre  Great  Britain. 

English  Channel,  10. 

English  FurnesB  Steamship  Company, 
22. 

Englisktnan,  steamer,  American  in- 
quiry as  to  sinking,  78;  Germany 
states  ship  refused  to  stop  and  was 


•unk  after  craw  had  mtarad  boats, 
80;  sinking  of,  329. 

Escape  of  oolcers  and  men  from  Ger- 
man ships  interned,  162  160. 

Eutt,  British  cruiser,  German  Ambas- 
sador asserts  that  tug  F.  B.  Dal- 
tell  carriid  supplies  to,  140,  143; 
United  States  Hnds  no  evidence; 
German  Ambassador  asked  for  evi- 
dence, 143,  145. 

Evelyn,  steamer,  sinkit.g  of,  20-23; 
German  Ambassa-Jor  states  Evelyn 
lost  by  not  following  German  notice 
to  mariners,  21;  British  boarding  of- 
ficer gave  false  directions,  22 ;  report 
shows  no  false  directions  given;  ship 
ran  on  mine  fleld,  22. 

Exequaturs  of  Consuls,  In  occupied  ter- 
ritory considered  by  Germany  to  have 
expired,  228-236. 

Explosives  prepan-d  for  war,  contra- 
liand,  3.  R;  not  prepared,  conditional 
contraband,  3. 

Fabrics  for  clothing,  conditional  eon- 
tratiand,  3;  contraband,  0. 

Fttlaba,  steamer,  sinking,  44;  Germany 
says  commander  of  steamer  at- 
tempted to  escape,  sending  up  rocket 
signals  for  help,  48;  German  claim 
that  merchantman  sought  to  escape 
capture  by  flight,  does  not  relieve 
captor  from  obligation  of  safe- 
guarding lives  of  persons  on  board, 
52-53;  Leon  Thrasber,  an  American 
lost  on,  .327. 

Faroe  Isles,  10,  .30. 

Fashion  and  fancy  goods,  not  contra- 
band, 10. 

F,  B.  Dalzell,  tug,  German  ambassador 
asserts  supplies  were  carried  to  Brit- 
ish cruiser  Etaex  by,  140,  143;  Ger- 
man Ambassador  asked  for  evidence, 
143;  not  subject  to  internment,  145; 
no  evidence  of  guilt,  145. 

Feathers,  not  contraband,  10. 

Feeding  stufTs,  conditional  contraband, 
0. 

Feroli,  Alliert,  taken  prisoner  on  Ger- 
man prize  ship  Varroiecfafe,  222. 

Ferro  alloys,  contraband,  10. 

Ferrochroine,  contraband,  10. 

Ferromanganese,  contraband,  10. 

Ferromolybdenum.  contraband,  10. 

Ferrovanadium,  contraband,  10. 

Ferrowolfram,  contraband,  10. 

Fertilizers,  not  contraband,   11. 

Field,  Arthur,  taken  prisoner  on  Ger- 
man prize  ship  Yarrowdale,  222. 

Field  forges,  contraband,  3,  8. 


354 


INDEX 


«• 


'it 


Firld   (U»i-*.   rnnditlonal   contriliand 

3;  rontraband,  l>. 
Fifid  kitrhrnii  »nd  Imkirlei,  contr«l>«nd 

H. 
Fitldt,  (Iwrgff.  taken  prlaonir  on  Oer- 

man  priw  •hip  Yamic<ialt,  Hi. 
Finland,  Mpamrr,  IH>. 
Finnish  pmiplf,  2S4. 
Fiwhrr.  Walttr.  rtcapcd  from  lnt»rn- 

m»nt,  102.  lfl« 
Flag,  proteit  by  United  State*  afalntt 
UM-  of   American,  by   BritUh   nhipa, 
21). 
FUkii,   falM   u»e  of   neutral   flag.   28; 
mi*UM>  of  flag.  aS-Si^;  uied  by  Latrttt 
and   /.MJilnnin.   33 ;    not  to   be  uwd, 
38.    38;     BrltUli    merchantmen    or- 
dircd  to  hoint.  33.  7";  BritUh  armed 
mi-rchantmen  have  attacked  German 
war  ve»Ml»  while  flying  falae  flag*. 
122:    Oirmany  aika  that   American 
\ntKU  dUplav  flag  by  day  and  keep 
flag    lighted    bv    night.    218;    United 
State*     replied     that     international 
regulation*  do  nut  r«tuire  display  of 
Hag   on    high    »ea»,   except    when    in 
light  of  other  veisel*.  217. 
Flandrr*.  no  conimunication  with  parta 

of.    2(13. 
FI.1X.  contraband.  .  . 
Floating  Jock*,  conditional  contraband. 

.1;  contraband,  10. 
FIo<mI.    Henrv.   Report   of   Hour-   Com- 
mittee on   Foreign   Affair*  on   War 
with   the    Imperial   German   Govern- 
ment. .lann^H 
Florida.  American  warihip.  140.  143. 
Food»tutr».  condixional   contraband.   3; 
contraband,  0;  Germany  a»k*  United 
Stnfe*  to  we  that  foo<Utuff»  and  raw 
material  are  allowed  to  !»  imported 
into    (iermanv,    3,'>;    American    pro- 
posal  that    f(M)d»tufl'«   from   neutrals 
to  (iermanv   Ix-  consigned   to  agents 
of    American    Government    and    not 
used    for    armed    force*.    30;    Great 
Britain   not    to   place   upon   absolute 
c(intr;ili«!iil.    .'i'i;    (Jermnn    reply,    37- 
.'tH:       importation      into      Girmany 
through   American  agents  acceptable 
to  Germany,  ;IH;  British  rep'.y,  3fl-43: 
vessels  sunk  carrying.   41;    for  civil 
population.   41;    stoppage   a   natural 
method  of  pressure  to  bear  on  enemy 
countrv.    42;    declaration.    NovemlM-r 
It).   l',"14,  by  British  Prime  Ministir 
of  intention  to  stop  food  supplies  to 
Germany,     57;     British     Orders     in 
Council"  slop    supplies   to    Germany, 
151. 


Forage,  conditional  contraband,  3; 
contraband,  0. 

Forges,  field,  contraliand,  3.  8. 

Foratreuter,  Wllhelm,  e*«»p«  from  In- 
ternment, 102,  ISO)  to  be  returned, 
168 

France,  MlnUtry  of  Foreign  Affair*, 
itatement  ai  to  Mtiaaex,  80,  80 ;  reply 
to  peace  offer  of  Central  Power*,  277- 
270;  reply  to  peace  luggeitlon*  ..f 
President  Wllaon,  2»2-21>». 

Franklin,  Benjamin,  negotiated  Treaty 
of  1785,  5tf. 

Franqui.  Mr.,  repreaent*  Belgian  Relief 
Committee,  237. 

Frederick  the  Great,  negotl-  Treaty 
of  1783,  3«. 

Freedom  of  the  aeai,  44,  82;  atatement 
of  German  delegate  to  Si-cond  Hague 
Conference,  13;  Germany  fighting  to 
reeitabllah,  34 ;  United  State*  hope* 
Germany  will  correct  unfortunate 
Impreiilon  created,  45;  Germany 
hopes  freedom  will  Ix-  gtiaranteed,  57 
Germany  glad  to  u»e  good  oflleea  of 
Preaident  In  bringing  about,  flO; 
United  State*  obliged  to  insist  upon 
it,  and  ready  to  act  a*  common 
friend,  A3. 

Frvatt.  Captain,  murder  of.  20 

Fr'iie,  Wimam  P.,  $fc  William  I'.  Frye. 

"  lel.  conditional  contraband.  3;  ex- 
cept coal  and  coke,  contralia;id.  !>. 

fumay,  Orrmany  gives  assurance  that 
fo«<i«tu.r«  imported  for,  will  not  Iw 
refiuisitioncd.  2.iO,  2.'>l,  2.13;  Koeke- 
feller  Foundation  to  furnlih  food- 
stuffs for,  251,  254. 
Furnes*  Steamship  Cii.pa.  ■  I'.. 
Furniture,  nut  contraband,  lU. 

0.  //.  Daliell,  tug,  German  Amba*«ador 
asserts  tug  carried  supplies  to  Brit- 
ish warsliips,  140,  143;  German 
Ambassador  ask<-d  for  evidence,  143 

Galicia,  2SI. 

Gallaher,  Peter,  taken  prisoner  on  Ger- 
man prize  ship  l"nrroiCf'3/f.  222. 

Geiir.  warship.  I.ovktun  considered  us 
tender  to,  141-144;  American  rea- 
sons for  internment  of,  lotl;  German 
protest,  157;  Germany  asked  permi^• 
sion  for  certain  officers  and  ordorliis 
of  Ocicr  to  travel  freely,  157;  per- 
mission  refused,   i.5H. 

Geneva  Convention,  1(!H,  If.O. 
Ucvrgic,  merchantman,  sunk  and  crew 
brought  to  Swinemunde.  on  (ierman 
prize  ship  Yarroudalf.  221-222 
Gerard,   James   \V.,   American   Ambaa- 


INDEX 


Mrlor  »o  flrrmnny  (lOISlOlTi,  I.  2 

3.  *.  rt.  7.  H.  II.  14,  17,  20.U4.  27-' 
2!;.  .1.V  .17.  -'.,  14.  47,  «0.  ftj.  :,«.  tui. 
«l,  04,  M-Mi,  71.  73-7.V  7H,  7»,  KO   H-' 

04.  wi-OH,  ii.rii.v  IIN.I2)    ':ifl,  1.14' 

l«71flf».  17.1.  177-lHI.  IH4.  187  IH!» 
IIM.  ll»2,  lii.i,  H14.  2M  21.5.  21M,  2'0- 
222,  22M,  2a  1,  2.14  2.HI.  2.m.  240.  242- 
i4X  24,'.-247.  240,  27H.  27lt,  UO,  2H2. 

Orrinmi  Admlrnlty  I'roclamatinn  ..f 
^>•lruarv  4.  Illl,'..  iln-UrlnK  wati-r. 
nroiiml  (irrat  Britain  and  Ireland  to 
1*  a  war  zone,  24-25:  Uvrman  memo- 
rHiidnm  on.  23  27;  American  prot«l, 
•-'7  211:    reply    to    Amrriean    protitt, 

(itrmanAmi-rican  trade,  I.'JM.'IS;  tier- 
man  memorandum  on  exportation  of 
arm«  and  munitioni  (April  4,  llil.1i, 
1S11.13:  Ameriian  reply,  15.1  I j.1; 
Initfil  State*  at  no  tfmc  yielded 
any  of  it*  rijjhta,  1.14;  haa  aekno«|. 
ed(fed  Tiitht  of  vialt  and  ai^areh,  1.14; 
Initid  States  has  attemptil  to  ti- 
cure  aftreeraent  on  trade,  1.14. 
German  Bay  of  North  Sea,  17-10, 
German  Kmbaaay.  warning;  to  travelers 

not  to  travel  within  war  zone,  4rt 
German     Keiliral    Council.      Bee    Oer- 

man  Hiinilrirat. 
German    prize   ordinance,   2-4;    amend- 
ments   to,    4-11.    72,    1H;    Germany 
claims   -inking  of    William   I'.   Fnje 
til  be  in  accordance  with.   170,   177; 
liallcH.ns    and    flying    machines    and 
their    com|Kinent    parts,    noncuntra- 
band  according  to,  209. 
Germany,  will  conform  to  Declaration 
of  London   if  otlicr  lielligiruits  will 
do  so,  1:  German  li.it  of    .ontraliaiK' 
of  war   (Sept.  4,  1014 1,  2-:i;  coppir 
and    lead    to   lio   conditional    contra- 
band,   3-4;    additional    lists   of    con- 
ditional contraband  (N'ov.  23,  1014), 
4-.1;  additional  contraband   list.  .1-8; 
mmliflcations     and     amendments*     to 
German  I'ri/e  Ordinance  of  Sept.  30, 
l!)0!t,  8-11;  warns  skippers  ports  are 
mined.    11;   asserts  that   no  German 
port  is  blockaded,  and  North  S.a  is 
not  infested  by  German  mines,  1112; 
sailiiiK  directions   for   nenfral   ships, 
12:  replies  to  proiest  of  British  G<iv- 
ernment     aftainst     laying     of     Ger- 
man   mines,    1417;    regulations    for 
navigation  of  (ierman  Bay  of  North 
Sea,    1710:    states   steamers    Krihm 
and  Carib  lost  by  following  instruc- 
tions of   boarding  officer  of  British 


355 


•Mp.   21;    repll,.,   to   n„fr   relative   t.i 
•inking     of     .tramer.     t',,l„n     and 

British  fr.s.|..  to  Krance.  24;   vuVrna 
ve...l,   aminnichlng  north   .n,|   „e.t 

'-7"  V'  *'Vr''  -*■'  prwlamationof 
admiralty    (Feb    4,    iftl.i,,  .l,...|,r,„; 

Ireland    24  2.1;   m-morlal  re.p«.tlng 
retaliatory    m^a-ur  ..   2.127;    r.plie* 

mir.Uv"      ""  ,  '""T"*     ■«■'"'»     •'•■ 
miralty     i  nielamatlon,     2031;     «- 

I'l.v    to     .\merican     note     presenting 
(iraft      n^'r..nient      Mw...  n      Oreat 
Kr.tain  and  li.rnmny  relative  to  sub- 
mann.  warfare.  :r.3S;    ,.„„  verbale 
from    K.reign   (iffl.-e    relative   to   ex- 
er.t  of   war  wne:    Sh,.f|and    Islands 
in  war  rone   but   Fan*  Isle,  not  in- 
clml-.l,    30;    statement    by    Iti.mar.k 
«s    to    f.MKlstuirs   iHing   contraband. 
4.;     statement     relative    to    attacks 
made  by  mistake  on  neutral  vess-ls 
f'.v      German      submarines,      43-44. 
warning  issued  by  German  Kmbassy'. 
411;     replies    to    American    note    of 
•Ma.v  I.i.  101,,.  relative  to  submarine 
warfare    and    sinking   of    the    /,i,si. 
fffnio.     4, -.10;      repli,.,     fnrthi  r     to 
American    n<ite    of    .May    13      |i»i5 
relative   to  sinking  of  Oulflight  and 
attack  on  the  r;»hiiig,  ,10-31:  replies 
to  sicond  American  note  on  the  -Ink- 
ing of   the   l.utitania,  .IfltlO;    n.emo- 
randum  from  Foreign  ()|H..e  relative 
to  sinking  of  the   .Vrhragknn.  tiO-lil- 
stnt's     no     olHeial     information     is 
availabl..   as   to   sinking  of     ir-bic- 
regrets  if  American   lives  were   lost', 
«4:    liners    will    not    be    sunk    wi'h- 
o>:r  '....rning.  and  without  safeguard- 
ing   lives    of   non-combatants,    if    no 
att.mpt    to    nscaj/i?    is    made.    64-fi5; 
states   English   merchant   ships   Pr.-d 
on  (.erman  submarines  without  chal- 
lenge. (1.1;   replies  relative  to  sinking 
of    Iraliu:   fi.l-tlH;    re|«)ris  on   attack 
on  nriiiittn.  tl7-iW:  re(,li,.s  further  on 
sinking  of  .4ri',i>,  (iS-'l ;  regrets  and 
disavows   act   and   offers   to   pay    in- 
uemnity,   70;   reports  on  destriiVfioi 
of    l.vilnnnir,    n<knowb.(|i;..s    applici- 
ticn     of     rnissian-Ameriean    treatv, 
71-73:    additional    r»'i)ort    relativ..   to 
sinking  of  Arnhir.  73-74;  instructions 
relative    to    submarine    warfar.^    in 
Meditirranean.    74-7.1:    German    sub- 
marine ilid  not  sink  Prrsia.  75-  mem- 
orandum   (March   S,    1916).   relative 
to    submarine    warfare,    75-78;     re- 


lii. 


356 


INDEX 


olies     to     American    note    relative 

windvalf    and    r.ff/e    Point,    80-82, 
replies  to  American  note  of  April  l», 
1016      relative     to     Sussex,     »0-0*. 
merchant  vesseU  within  and  w.tl.ou 
war   zone   not   to  be   sunk   without 
warning   and    without   safeguarding 
human  lives,   unless  vessels  attempt 
to    escape    or    offer    resistance,    9J: 
reports      Bandoeini,      incident      and 
warns    masters    of    neutral    vessels 
danecr  incurred  by  turning  ships  on 
■ubmnrine,    il-V,    reports    on    sinking 
of  ffoirnnmorp  and   .Wnrmn.  lW-100, 
further  report  on  sinking  of  Ho^canr 
more,    102-103:    further    report    on 
sinking  of  Manna.  104;   report  rela- 
tive to  sinking  of   /Irofcm,    Uh.-l 00 ; 
report  relative  to  sinking  of  i^ehec 
106;    report    relative    to    sinking   of 
lanao.  108;    report  relative  to  sink- 
ing  of    Coh.mbian,    110112;    report 
relative  to  sinking  of  /)r/to    113;  re- 
port  relative  to  sinking  of   TrxppcU 
114-    report    relative   to    sinking   of 
LoU-cn,   114-ll.V,   report   relative  to 
sinking  of  Barhara,  115;  report  rela- 
tive  to   sinking  of   rrei-arrnra.    11.)- 
116-  memorandum  protesting  against 
American    memorandum,    relative   to 
armed  m.rchant  ships  visiting  neu- 
tral   waters,    118-119;    ""te    verbale 
and    memorandum    dated     teU.     i", 
ini6,  on   armed   merchantmen,   with 
digest    of    cases,    120-135;    status   of 
armed      merchantmen       and      com- 
ment   of    English    newspapers,    13.i- 
136-     note     verhale    with     copy    of 
English    Admiralty    order    to    mer- 
chantmen.    136-137;   /i",f''„„^,",^ 
tugs  F.  B.  Dahrll  and  G.  //■  Onhell 
carrv    supplies    to    British    cruiser 
Essex,  140;   inquires  as  to  aetention 
of  hocksun,  141-142;  potest s  against 
internment     of     Lorksrin       142-.14J, 
memorandum     relative     to    dylnery 
of  coal,  etc.,  to  warships  constituting 
a   violation    of   neutrality,    146-147, 
calls  attention  to  fact  that  case  of 
Locksun    is    identic    with    those    of 
Mallina      and      rrcmeadoir,       147; 
Bundesrat     resolution     taking    over 
grain,  l.'il;  memorandum  on  German- 
American     trade     and     delivery     of 
arms,    151-153;    protest    against    in- 
ternment of  Oeier,  157 ;  cites  case  of 
Major  Robertson,  157;   «<^k"°"»|,'|?*» 
courtesies    shown    H.    M.    ^.    t'nnz 
Eitel  Friedrich,  160;  asks  that  H.  M. 


S.  Kronimm  Wilhelm  be  allowed  to 
make  repairs  at  Newport  News,  160- 
161;  asks  that  officers  and  crew  of 
rrinz     Eitel     FHedrich     be     spared 
humiliation   of   having   photographs 
made,    164-165;    replies    to    note    of 
Nov    16,   1915,  relative  to  escape  of 
officers  and  men  from  interned  ships, 
160;   note  relative  to  escape  of  offi- 
cers and  men  from  Kronprtn:  n  i(- 
helm    and     Prinz    Eitel     Frtednch. 
167-168;    protests    at    detention    ot 
Odenirald,    170-171;    replies   to   note 
March   31,   1915,  relative  to  sinking 
of  William  P.  Frye,  170177;  replies 
further  to  inquiry  as  to  sinking  ot 
lli//i«m  r.  Fr,,,;  179180;   replies  to 
note  of  June  26,  1915.  relative  to  sink- 
ing   of    WiUiam    P.    Frye.    184-187; 
acknowledges      treaty      stipulations, 
and     suggests     commission     to     nx 
amount  of  indemnity,  186-187;  replies 
to  note  of  August  13,  191.5,  relat.v^e 
to  sinking  of  IVtHiam  P.  Fri/c    189- 
191;    objects  to   nomination   of   um- 
pire:   suggests    compromis.    189-l.M; 
orders  issued  not  to  destroy  Ameri- 
can merchantmen  loaded  with  condi- 
tional contraband  if  not  possib'e  to 
take   ship    into   port,    1«1;    f«py    »« 
draft  compromis  in  case  of  H  t»tam  r. 
Frye   submitted   193196;  reports  ar- 
rival of  Appam  at  Ne.vport  News;  re- 
quests internment  of  military  party, 
197-  memorandum  on  Appam;  holds 
ship  not  auxiliary  cruiser,  but  prize 
197-198;    protests    against    filing    ol 
libel  against  Appam;  asks  that  Dis- 
trict  Attornev  appear  for   Ambassa- 
dor  200-203 ;  objects  to  Appam  being 
taken  to  wharf;   withdraws  request 
for  appearance  of  District  Attorney, 
oO-'^OS-      memorandum      requesting 
Tnt'erpretation   of  treaiy   be  referred 
to   Permanent   Court   of   Aroitration 
at    The    Hague.    204-205;     protests 
a^inst  sale  of  hydroaeroplanes.  208; 
states  Captain   Boy-Ed  ana  Captain 
von    I'apen    have   been   recalled   and 
asks  for  safe  conduct  for  them,  212; 
requests  security  for  transmission  of 
messages  referring  to  cotton  transac- 
tions, 215;  asks  that  American  war- 
ships in  Mediterranean  display  flag 
by  uay  and  lights  by  night.  216;  Ger- 
man Ambassador  states  Foreign  Of- 
fice   has    been    asked    whether    any 
Americans   were   among    Yarrotcdale 
prisoners.  220;  Foreign  Office  reports 
Americans  among  Yarrowdale  pris- 


i  II 
i    I- 1 


INDEX 


357 


onerg,  ^21;  list  of  Americans  for- 
warded, 222;  will  be  riliaaed  at 
once,  222-223;  Minister  of  Switzer- 
land reports  release  conditional  'o 
German  ships  in  American  watirs 
not  Ijeinj?  seized  and  crews  interned, 
22;j;       Spaiii-'i      minister      informs 


American  aml>a<- 
will  be  set  ,.;  i 
Yarroirilalt 
to  case  of  t 
22-);  .Mini 
ports  transi 
place  March 


Yarroicdale 
..;     '■>'••:  \-     soon,    223; 
'■'■  si.iKTs  dt'tiilr.^fl       -ing 
.lius  iVvir  it,  cun'ji    i24- 
1-     u     Switi't  rln    !     re- 
>■  c.  uris(/'\er-.  w;  i  lake 
r    iilT;   S'^inish  doctor 
approved    quaraniiiie,    J.:7       \  arrow- 
dale    prisoners    left    Germany,    227; 
note   verbale  on   status   of   consular 
officers    in    occupied    territory.    220; 
exequaturs  cancelled,  229;  answer  to 
Belfiian  protest  against  cancellation 
of  exequaturs  of  consular  officers  in 
occupied  territory,  230-231;    further 
reply  to  Belgian  protest  against  can- 
cellation  of  exequaturs   in   occupied 
territory,  234;  recognition  of  Ameri- 
can consuls  at  Antwerp,  Lifge.  and 
Brussels,  235;  recognition  of  Ameri- 
can consul  at  Warsaw,  2S5-23(i;  will 
not  interfere  with  neutral  ships  car- 
rying food  for  Belgium  but  unneutral 
ships   must   have   proper  certificates 
from  German  Ambassador  at  Wash- 
ington, 240;  agrees  to  plan  for  pass- 
age of  unneutral  ships,  241;  German 
Consul    to    issue    safe    conduct    to 
enemy  ships  carrying  food   for   Bel- 
gium, 241 ;  passes  issued  for  Ameri- 
cans with  automobiles  for  food  dis- 
tribution    in     Belgium,     242;     note 
verbale    relative    to    certificates    of 
unneutral    ships    carrying    food    for 
Belgium,    243-244;    gives    assurance 
tnat  no  food  or  forage  will  be  reoui- 
sitioned  which  would  have  to  be  're- 
placed by  importations  of  American 
Committee,    248;     tax    on    imported 
foodstutfs    removed    and    money    re- 
funded,   247;    gives    assurance'  that 
foodstuffs     imported     from     t'nited 
States  will  not  be  used  by  military 
or    naval    authorities   and    will    no"t 
reach   government   contractors,   252; 
note  from  German  Minister  at  The 
Hague,   promising   safe   passage   for 
Belgian  Relief  ships,  255;  note  rela- 
tive to  deportation  of  Belgian  work- 
men,   260;    R.gulationp    Concerning 
Idleness,  261-262;   memorial  on  em- 
ploj-ment    of    laborers    in    Germany, 
264-267;  note  propoging  peace  nego- 


tiations (Dec.  12,  ini6).  274-275- 
note  relative  to  reply  of  Entente 
to  the  peace  overtures  of  Central 
Power,  2S0.282;  replies  to  Presi- 
dent Wilsons  suggestion  (Dee.  18, 
iJitt)    of   a    conference    on    neutral 

9«o",nn'    *°    '^'"'"''«    *<'™'    of    ?«'"<•«'. 

^i  I,?,'- "''•*  ""**  memoranda  (Jan. 
•!».  IM,)  announcing  unrestricted 
suhmanne  warfare,  299-301-  Minis- 
ter of  Switzerland  sends  notification 
of  blockade  of  Arctic  Ocean,  309-310- 
turth.T  information  sent  as  to  block- 
ade of  Arctic  Ocean,  310;  proposed 
modification  of  treaty  of  1799  as  con- 
cerning treatment  of  citizens  and 
propej-ty,  310-315;  memorandum  pre- 
sented through  Minister  of  Switzer- 
land offering  to  negotiate  diflTerences, 
If  blockade  against  Kng'and  is  not 
broken,  315;  declaration  of  war 
against,  316-342;  Flood  Report  on 
\\ar  with  Germany,  326-338;  Joint 
Kesolution  of  American  Congress  de- 
claring a  state  of  war  to  exist  with 
Germany,  338-339;  Proclamation  by 
the  President  of  the  United  States 
of  the  existence  of  a  state  of  war 
with  Germany,  339-342. 
Ghent,   retention   of   American   consul, 

-Mr.  Jansen  at.  235. 
Gherardi,  Commander,  21. 
Gibson,  Hugh,  Secretary  of  American 

Legation  at  Brussels,  237. 
GillKTt,   Raymond,   taken   prisoner  on 
t.erman  prize  ship  Yarrondale,  222 
i^ilmore,    Arthur,    taken    prisoner    on 
t..erman  prize  ship  Yarrowdale,  222 
Gilmore,  Harry,  taken  prisoner  on  Ger- 
man prize  ship  yorroicda/e,  222. 
Oivef,    France,    Germanv   gives   assur- 
ance   that    foodstuffs    imported    for 
vrill      not     I>e      requisitioned.      251- 
Rockefeller    Foundation    to    furnish 
foodiituirs  for,  251,  254. 
Glass,     declared     not     contraband     bv 
(•ermany,  11.  •' 

Glemann.  John,  taken  prisoner  on  Ger- 

man  prize  ship  Yarrowdale,  222 
Gold,    in   coin    or    bullion,   conditional 

contraband,  3;  contraband.  9 
Good  o(fi(>es.  United  States  acknowl- 
(•dges  Germany's  intimation  of  will- 
ingness to  accept,  in  reaching  agree- 
ment with  Great  Britain  as  to 
maritime  warfare,  50,  55;  Germany 
willing  to  accept,  of  United  States, 
oO. 

Goodwin,  Dun,  taken  prisoner  on  Ger- 
man prize  ship  Yarrotcdale,  222. 


3o8 


INDEX 


J    i 


Grain,     conditional      contraband,      3; 
Bundesrat    resolution    talking    over, 
151. 
Grasset,   Rear   Admiral,   statement   as 

to  Sussex,  86,  8T. 
Great  Britain,  protest  against  methods 
of    Germany    in    mininj;    the    Xorth 
Sea.  12-14: "replies  to  American  note 
of   Feb.   22,    1!)15,   supgeating   modiit 
virrndi :  declares    intention    of    stop- 
ping  supplies    of    every    kind    to   or 
from  Germany,  39-43;  protest  against 
German    violations    of    international 
law,  40;    Order  in   Council.   70;    Ad- 
miralty statement  as  to  Xiisscx.  80; 
guns,    pun-crews,     and     ammunition 
placed    at    disposal    of     ship-owners 
in    ini3,    121;     Prize    Court    rules, 
122;    Orders    in    Council.    122,    1.51; 
will   facilitate  voyage  only  of   ships 
to   Rotterdam   carryinj.'  wliiie   cargo 
of  food  for  Belgian  Relief:  all  ships 
must  Ix'  reported  to  commissions  rep- 
resentative in  New  York  and  Wash- 
ington,  244;   memorandum   of  A.  J. 
Balfour    relative    to    President    Wil- 
son's stiggcstion  for  a  conference  on 
neutral  ground,  295. 
Greve,  Dr.,  director  of  Xorth  German 
Lloyd,  German  expert  on  indemnity 
in  case  of  Willinm  /'.  Frye.  194. 
Grew,  .Joseph  Clark,  Si'cre'nry  of  Amer- 
ican Kmhassv,  Berlin    (ClinrgP  d'Af- 
faires),  99-102,  104,  108-110,  112,  167, 
258,  259,  260,  274,  275. 
Grey,  Sir  Edward,  255. 
Out  flight,   steamer,    American   note   on 
torpedoing  of,  44:  answer  to  Ameri- 
can   note,    4H;    German    submarines 
and    flyers    ordered    not    to    attack 
neutral  vessels  not  guilty  of  any  hos- 
tile   act;    investigation    orlered    by 
Germany,    4S :    Germany    offered    to 
submit  inquiry  to  International  Com- 
mission of  inquiry,  pursuant  to  Ar- 
ticle  ni  of   1907   Hague   Convention 
for    Pacific    Settlement    of    Interna- 
tional   Disputes.   48;    German   expla- 
nation of  sinking,  50:  vessel  Ijelleved 
by  (ierman  submarine  commander  to 
bl'  English,  .50-51;  American  flag  not 
observi'd     till     shot     was    fired,     51 ; 
steamer  not   on  course,   to  or   from, 
America.    51:    expresses    regret    and 
oflfers   recompense   for   damages    sus- 
tained  by   American   citizens,   to   lie 
determined  by  an  American  and  Ger- 
man  expert.   .")1:    American   repiv   to 
German   note  of   May  28,   1915,' 52; 
sinking  of,  326. 


Gun  mountings,  contraband,  3,  8. 
Gutta-percha,    contraband,    0;     goods 
made  of,  0. 

Hsmatite  iron  ore,  contraband,  9. 
Heematite,  pig  iron,  contraband,  10. 
Hague  Conventions,  statement  of  Ger- 
man delegate  to  Second  Peace  Con- 
ference, on  laying  of  mines,  13-14; 
ratification  of  conventioii  relative  to 
automatic  contact  mines  not  binding, 
15;  Germany  holds  herself  bound.  15; 
Germany  willing  to  submit  questions 
as  to  destruction  of  neutral  ships  to 
international  commission  according 
to  Chapter  III,  Convention  V 
(19071,  44;  willing  to  submit  QuJf- 
light  cas;'  to  Commission  (19071, 
48;  Convention  XIII  (1907),  rela- 
tive to  fitting  out  and  arming  of  ves- 
sels, 145,  1.50;  repair  of  ships  under, 
156;  application  of  Geneva  Conven- 
tion to  naval  war.  Convention  X 
(1907),  168;  Article  I,  Prize  Court 
Convention,  187;  Convention  (1907) 
Pacific  Settlement  of  International 
disputes,  190;  in  the  ease  of  the 
William  P.  Friie  the  United  States 
prefers  that  arbitration  of  interpre- 
tation of  Prussian-American  treaties 
be  by  summary  procedure,  19,'i;  Ger- 
many claims  arrival  of  Appam  under 
prize  crew  same  as  arrival  with  cap- 
turing warship,  approved  by  Article 
23,  of  Hague  Convention  No.  XIII, 
regarding  neutrality  in  maritime 
war,  206;  Germany  claims  hydro- 
aeroplanes war  vessels  whose  de- 
livery should  be  stopped  under  Con- 
vention XIII  (1907),  208;  Tnited 
States  does  not  think  the  convention 
applies,  209-210;  Belgian  Govern- 
ment protested  against  cancelling 
of  exequaturs  of  consuls,  under 
Convention  IV  (1907),  229-2.30: 
Gcrmanv  docs  not  consider  Conven- 
tion IV'^  applies,  230,  223;  answer 
of  Belgium,  234.  See  also  Per- 
manent Court  of  Arbitration  at  The 
Hague. 

Hainaut,  no  communication  with  parts 
of,  263 

Hair,  not  contraband,  10. 

Hale,  Edna,  statement  as  to  Sussex, 
87. 

Haniel  von  Haimhausen,  Counselor  of 
Imperial  German  Embasav,  4,  24, 
161. 

Hans  Libeau  Employment  Agency,  334. 

Harness,   military,    contraband,   3,   9; 


INDEX 


359 


non-military,  conditional  contraband, 
3:  contraband,  10. 

Harr  iiton,  David,  taken  prisoner  on 
Gi!  lan  prize  ship  YarrotcdaU.  222 
228 

Hartiy,  John,  fal<en  prisoner  on  Ger- 
man prize  ship  Yarroirtlnle,  222. 

Hattfield,  H.,  first  mate  of  the  Oweno. 
98.  '' 

Hatzfi'ldt.  Trachenberg,  Prinz  von. 
Counselor  of  Imperial  German  Em- 
bassy, 216. 

Havinith,  K.,  Belgian  Minister  to  the 
I'nited  States,  230,  233. 

Hearley,  John  H.,  statement  as  to  Sua- 
lex.  87. 

Hclirides,  The,  10. 

Hemp,  raw,  declared  not  contraband 
by  Germany,  10. 

Horrick,  Myron,  American  Ambassador 
to  France,  230. 

Herschel     Spillman    Motor     Company. 

Hesperian,  attack  on,  328. 
High  seas,  Germany  merelv  followed 
example  of  Great" Britain"  in  declar- 
ing high  .seas  an  area  of  war.  .59. 
See  also.  Freedom  of  the  Seas,  Mine 
Anas,  etc. 
Kindenburg,     General     von,     criticized 

policy  of  General  von  Bissing,  268. 
Hinkley,    Harald,    taken    prisoner    on 
German  prize  ship  Yarroiidale.  2    ' 
Hitchmough,  Louis,  taken  prisoner  on 
German  prize  ship  Yarroiidale,  222. 
Hoffman,    Heinrich,   escaped    from    in- 
ternment,    162;     to    be    sent    back, 
108. 
Hoover,  Herlwrt,  chairman  Belgian  Re- 
lief Committee,  238,  254. 
Hops,  declared  not  contraband  bv  Ger- 
many. 11. 
Horns."  not  contraband,  II. 
Horseshoes  and  .-^hoeing  material,  con- 
ditional contraband, 3;  contraband.  0. 
Houaer,  M.  H..  charter  partv  of   lliV- 

liam  P.  Fri/e,   1"."). 
Hnerta.  Victfiriano,   153. 
Hutehins,  William,   taken   pri.soner  on 
German  prize  ship   Yarroiidale,  222. 
Hutchinson,   John,   taken    prisoner   on 
German  prize  ship  Yarroadale,  222. 
Hydroaeroplanes,  non-contraband  char- 
acter of,  208-210;  German  Ambassa- 
dor protests  against  American  firms 
supplying  hydroaeroplanes  to  Entente 
Allies,  208;  must  be  regarded  as  war 
vessels    whose    delivery     should     be 
stopped  under  Convention  13  of  .Sec- 
ond Hague  Conference,  208 ;  not  men- 


tioned in  convention  because  not  in- 
vented at  time,  208;  American  reply 
to  German  note.  200;  not  a  vessel 
but  an  aircraft.  200-210;  not  a  war 
vessel,  hence  obligations  imposed  by 
treaty  and  international  law  not 
applicable  to  aircraft,  200;  German 
Prize  (trdinance  makes  flying  ma- 
chines con.!itional  contraba"nd  210 
Hynes,  Harry,  taken  pris  )ner  on  Ger- 
man prize  ship  Yarronilnli,  222. 

Idleness.  German  regulations  concern- 
ing,   261-262. 
Ilaro,    Hans,    20. 

Implements  and  apparatus  iisfd  in  mak- 
ing  munitions.  German  ontraband.  3 
Indian  Nationalist  Party.  :j31-3:i-' 
International  law,  right  and  duties  of 
Lnited  States  and  citizens  to  be  de- 
fined by  e.xist.  .g  rules.  2;  memorial 
ot      Germany      respecting      retalia- 
tion for   England's  violation  of,  25- 
-i;    Germany   has   scrupulously   ob- 
served,    while    England     has    "disre- 
garded,  29-30;    neutrals   not   able   to 
stop     England's    violations    of,    ?,{); 
Germany  fighting  to  re-establish  free- 
dom of  the  seas,  34;   British  p-otest 
against  German  violations   in  treat- 
ment   of    civilims    in    Belgium    and 
Friince.  .30;  Unit.d  States  relies  upon 
universally     recognized     understand- 
ings of,  55;   all  distinct!'      'letween 
merchantmen  and  war  vef         oblit- 
erated  by   British   in   diret       ontra- 
dietion  to,  58;  Germany  admits  sub- 
marines as  used,  to  In'  onitrary  to, 
58;  United  States  believes  maritime 
warfare  can  be  conducted  in  accorc!- 
ance  with  accepted  princ^    ics  of.  62; 
noneombatant  Germai  »  tak-^n  on  high 
seas  by  British  in  vie.  t^on  of,  77; 
n-utral    trade    with    Germany    pre'- 
vented  by  British  in  violation  "of,  77; 
interception   of  mails  by   British   iii 
violation  of,  77;  British"  extension  of 
contraband  in  violation  of.  77;  British 
blockade    in    violation    of.    77;    sub- 
marine war  not  in  accordance  with, 
86;   Germany  states  submarine  com- 
manders have  orders  to  conduct  war- 
fare   in    accordance    with,    90;    Ger- 
many  insists   it   was   not    Germany, 
but    Great    Britain    which    ignored, 
91;     German     people    know     United 
States  has  power  to  confine  the  war 
to  the  armi>d   forces  in  the  interest 
of  humanity  and   international  law, 
92;     merchant    vessels    within    and 


» 

i      il 


360 


INDEX 


h  ' 


ho, 


witliout  war  zone  will  not  be  sunk 
without  warning  and  saving  hu- 
man lives  according  to,  93;  in 
consequence  of  this  order,  it  ie  not 
doubted  the  United  States  will  de- 
mand of  Great  Britain  observance 
of,  93;  if  steps  taken  by  United 
States  be  not  successful  Germany 
reserves  right  of  liberty  of  decision, 
94;  resistance  of  merchant  ship  con- 
trary to,  118;  Germany  considers 
any  warlike  activity  of  crmed  mer- 
chantmen contrary  to,  122;  princi- 
ples stated  in  German  memorandum 
on  armed  merchantmen  not  opposed 
to,  136;  Germany  considers  view 
of  United  States  that  delivery  of 
coal  by  tender  is  violation  of  neu- 
trality, untenable  in,  146;  American 
view  would  permit  war  material  to 
go  to  Germany's  enemies,  147; 
makes  a  difference  as  to  furnish- 
ing supplies,  149;  British  Orders  in 
Council  modify,  151 ;  seizure  of 
American  ship  Wilhelmina  carrying 
foodstuffs),  a  violation  of,  151;  de- 
lay of  United  States  in  securing  re- 
lease of  \i  ilhrlmina,  amounts  to  de- 
nial and  Germany  assumes  United 
States  acquiesces  in  violations  by 
Great  Britain,  152;  any  change  in 
neutrality  laws  by  the  United  States 
during  present  war  would  be  viola- 
tion of,  155;  Germany  claims  sinking 
of  William  P.  Frye  according  to,  176, 
177;  right  of  control  over  trade  in 
contraband  subject  to  prize  court 
according  to  rules  of,  180;  no  obliga- 
tion as  to  compensation  for  sinking  of 
William  P.  Fri/e  according  to,  186; 
United  States  does  not  consider  that 
hydroaeroplanes  come  under  rules 
applicable  to  aircraft,  209;  deporta- 
tions of  civilians  from  Belgium  con- 
trary to,  259,  260;  violation  by  Ger- 
many, in  Belgium,  291-202.  See  also 
Declaration  of  London,  Freedom  of 
the  Seas,  etc. 

Internment  of  German  vessels,  156- 
161. 

Italia  Irrendenta,  296. 

Ivory,  dec;ared  not  contraband  by  Ger- 
many, 11. 

Jade,  river,  17-19. 

Jagow,  von,  German  Minister  for  For- 
eign Affairs,  3:>,  ?;*,  50.  51,  60,  67, 
74,  82,  103,  177,  180,  187,  191,  195, 
204.  219. 

Jansen,    American    consul    at    Ghent, 


Germany  has  no  objection  to  r-^'  " 

tion  of,  235. 
Japan,   39.   204. 
Jefferson,  Thomas,  negotiated  Tre,.  y  of 

1785,  56. 
Jute,  raw,  declared  not  contraband  by 

Germany,  10. 

Kaahgar  City,  steamer,  fired  on  sub- 
marines, 135. 

Kaspar,  seaman,  escaped  from  intern- 
ment, 163. 

Kenedy,  William,  taken  prisoner  on 
German  prize  ship  Yarroirdale,  222. 

Kepny,  Dr.,  director  North  German 
Lloyds,  appointed  German  expert  on 
commission  to  determine  damages  in 
case  of  William  P.  Frye,  190. 

Kiel  Chamber  of  Commerce,  42. 

Koch,  Lieutenant,  escaped  from  intern- 
ment, 162,  166;  return  asked,  168, 
169. 

Kroneck,  Kreuger,  escaped  from  in- 
ternment. 162,  166;  to  be  returned, 
168;  will  not  be  released  under 
Geneva  Convention,  169. 

Kronprinz  Wilhelm,  H.  M.  S.,  German 
Ambassador  requests  permission  to 
land,  at  Newport  News,  crews  of 
enemy  ships  sunk  by  her,  and  make 
repairs,  requiring  longer  stay  than 
24  hours,  160;  United  States  granted 
ten  days  for  repairs.  IPl;  not  to 
depart  "till  24  hours  after  vessel  of 
an  opposing  belligerent  has  departed 
from  same  port,  161;  escape  of  in- 
terned officers  and  men  from,  162- 
167. 

La  Correntia,  British  steamer,  German 
Government  claims  steamer  had  guns 
mounted  aft,  121. 

Lacks,  not  contraband,  10. 

Laertes,  steamer,  false  flag  used  by,  33. 

Laml)ert,  Baron,  represents  Belgian  Re- 
lief Committee,  237. 

Lanao,  steamer,  United  States  inquires 
into  sinking  of,  101;  Germany  re- 
ports steamer  sunk  because  enemy 
ship,  carrying  contraband,  108;  orig- 
inally owned  by  Findlay  Millar  S.  S. 
Co.,  o^  Manila,  sold  in  July,  1916,  to 
Hannevig  Bros,  of  London,  sailing 
under  English  flag,  108. 

Lansing,  Robert,  Counselor  ol  Depart- 
ment of  State  (March  27,  1914-June 
9,  1915)  ;  Secretary  of  State  ad  in- 
terim (Jun"  0,  ini5-June  23,  1915)  ; 
Secretary  of  State  (June  23,  1915—), 
20,   5«,   63,   71,    73,   79,   86,   89,   95, 


INDEX 


361 


07.   98,    100  102.    10710».    116,    IIR 
120,  138.  141-144,  147,  148,  158,  1.59 
Ifll,  164,  1G5,  184,  18!),  193.  202,  207 
211.  212,  213,  217,  220,  224,  237-039' 
248,  254,  2.59,  276,  279,  287,  289,  305,' 
315,  316,  317. 
Lathes,  contraband,  9. 
La  Vere,  Harry,  tnken  prisoner  on  Ger- 
man prize  ship  YarrowUate.  222. 
Lead,  conditional  contraband,  3-5;  con- 
traband, 10. 
Lead  ore,  contraband,  9. 
Leather,  contraband,  10. 
Leelanaw,   steamer.   United    States   in- 
quires as  to  sinking  of,  64;  Germany 
reports  vessel  sunk  because  of  contra- 
band cargo  of  flax,  72;  crew  put  safe 
anhore,    72;    ship's    papers    sent    to 
prize  court  at  Hamburg,  72;  special 
provifions      of       Prussian-American 
Treaty  of  1799  to  be  considered,  73; 
American     shipping     interests     rep- 
resented  by  Hamburg  attorney,   73; 
United  States  denies  owners  are  rep- 
resented before  Hamburg  Prize  Court, 
74;   United  Stnti  s  refuses  to  submit 
question    of    indemnity    to    German 
Prize  Court,  74 ;  insists  amount  of  in- 
demnity  must    be   settled    by   diplo- 
matic negotiations,  74. 
Lena,   steamer,   escape   and    return    of 
three  officers  from  the  Russian  ship 
Lena,  interned.  163. 
Leo,  steamer,  attacked,  328. 
Liege,  Germany  willing  to  allow  allied 
and    neutral    consuls    in,    229;    Ger- 
many has  no  objections  to  American 
consul  nt,  235. 
Lignum  vita-,  not  contraband,  4. 
Limbers,  and  boxes,  contraband,  3,  8 
Lime,  declared  not  contraband  bv  Ger- 
many, 11. 
Linkmoor,     steamer,     instructions     to 
British     merchant     vessels     passing 
through  the  Mediterranean,  135. 
Listertitf,  buoy.  17-19.  22,  23. 
Locksun,    con.sidered    a    tender    to    the 
Oeier,   141-145,    147;    internment   of, 
157. 
Logan,  John   A.,  Jr.,  Major  U.   S.   A., 

statement  as  to  Sussex,  87,  88. 
Lokken,  steamer.  United  States  inquires 
into  sinking  of,  107;  Germany  re- 
ports ship  captured  and  sunk,  loaded 
with  contraband  for  enemy,  after 
crew  was  placed  in  safety.  1*14. 
London,  Declaration,  see  Declaration  of 

London. 
Lubricants,  conditional  contraband,  3; 
contraband,  9. 


Luccy    Captain,    Belgian    Relief   Com- 

mittee,   248. 
Luml)er,  conditional  contraband,  except 
lignum    vita-,    palisander,   ehonv     4- 
mining,    conditional    eontralwind,    9;' 
all  kinds  except  mining,  tar  of  char- 
coal, arc  contraband,  10. 
iMsKonm,  steamer,  use  of  neutral  flag 
bv.  3.3;  first  American  note  on  sink- 
ing  (May  1.3,  1915).  44-47:   German 
reply     (May    28,    19151,    47-50;    not 
an    unarmed    merchant    vessel     but 
auxiliary  cruiser  aceiniing  to  navy 
list   of   British   Admiraltv,'  4f?;    was 
arined    with    guns    mounted    under 
decks     and     masked,     49;      carried 
Canadian    troops    and    munitions    of 
war.    49;    rapid    sinking  due    to    ex- 
plosion    of     cargo     of     ammunition 
caused    by    the    torpedo,    49;     final 
statement  by  Germany  reserved  with 
regard  to  other  demands  of  Ameri- 
can note,  50;   second  American  note 
on   sinking    (June   9,    1915),    52-56- 
Lnited   States  denies  that  ship  was 
armed,  or  carrying  Canadian  troops, 
or  cargo  of  ammunition,  ,53;  carriage 
of  cargo  of  ammunition   and   explo- 
sion on  board,  irrelevant  to  question 
of    legality   of    German    methods    in 
sinking     v.-ssels,     54;     evidence     of 
charges  asked  for,  54 ;  German  reply 
(July  8,  19151,  .50-60;  cas.'  shows  to 
what  jeopardizing  human  lives  man- 
ner   of    conducting    war    employed 
by    German    adversaries    leads,    58; 
submarine  commander  could  not  have 
caused  erew  and  travelers  to  put  oflf 
boat  before  firing  torpedo,  58 ;  mighty 
ship  could  be  expected  to  remain  above 
water  long  enough  for  escape  of  pas- 
sengers and  crew,   58;   if  ship   had 
been  spared  ammunition  sent  to  Ger- 
many's enemies   would    have   robbed 
German  mothers  and  children  of  sup- 
porters, 58;   American  answer,  July 
21,    1915     (third   note),   61-63;    Ger- 
man   Ambassador    states   liners   will 
not    be   sunk    without    warning   and 
without   safety   of   lives   of   noncom- 


batants,  if  liners  do  not  attempt  es- 
cape or  resistance,  65;  question  not 
to  be  discussed  till  AraUc  question 
IS  settled,  65;  sunk  without  warning, 
85;  report  on,  326,  329.  See  also, 
submarine  warfare. 

Lustfeld,  Julius,  escaped  from  intern- 
ment, 162;  to  be  returned,  168. 

Luxemburg,  no  communication  with 
parts  of,  263;   violation  of,  203. 


1    ' 


362 


INDEX 


,»5 


t^*; 


pit ' 


ilanr  Tensdjd;,  atpamfr.  interned  Ger- 
man   seaman    Kaspar   attempted    to 
Imard,  Ki:). 
McCarthy,    John,    taken    prisoner    on 
German  prize  ship  Yarrotnlnlf,  -Z-ii. 
MeFarren,  Thomas,  taken  prisoner  on 

German  prize  ship  Yarmialnle.  222. 
McGreal,  —  taken  prisoner  on  German 

prize  ship  Yarroiriinle.  222. 
Machines,  for  apriiiiltiire,  mining,  tex- 
tile industry  and  printing,  not  con- 
tral>and.   Ml. 
McHiiRhes,    Fnuik.   taken   prisoner   on 
German  prize  ship  Ynrroi'dnle,  222. 
McKellar,  Will,  taken  prisoner  on  Ger- 
man prize  ship  Ynriviidalr,  222. 
LIcKim.  Kvans  Orvillc.  Dr..  taken  pris- 
oner on  German  prize  ship   Yarrmr- 
dale,  222;   in  prison  camp  at  Karls- 
r\ihe,  225. 
Wadifians,   Keems,    taken   prisoner   on 
(Jerman  prize  ship   Yarrontlale.  222. 
Malilow,  Otto,  ^aie  conduct  asked  and 

trranted  for,  212 
Mails,  intervention  of.  liy  Great  Britain 
contrary  to  international  law.  77 ; 
transmission  of  mail  of  American 
diplomatic  and  consular  offices.  214- 
215;  American  note,  214;  ruh's  es- 
tablished bv  Department  of  State, 
214-215.  ■ 
Malines,  report  on  requisition  of  Bel- 

pian   workmen    from.   270-273. 
MaUinn,    steamer,    tender    to    British 

cruisers,   147-148. 
Mallon.    Edward,    taken    prisoner    on 
German  prize  ship  Yarroudale,  222. 
Malta,  105. 

JUavcliestcr   Engineer,   steamer,   Amer- 
ican inquiry  as  to  sinking.  70;  Ger- 
many asks"  further  information  con- 
cerning, SO. 
Manpanese,  contraband,  10. 
Manganese  ore.  contraband,  9. 
Marble,  not  contraband,  11. 
Marco,  John,  taken  prisoner  on  German 

prize  ship  Yarroudnle,  222. 
Mnrina.  steamer.  Germany  states  in- 
quiry is  being  made  into  sinking,  100; 
ship"  sunk  without  warning  because 
believed  to  be  a  horse  transport, 
104;  United  f?  -tes  informs  Germany 
vessel  was  neither  chartered  nor 
requisitioned  by  Great  Britain,  but 
carried  animals  consigned  to  Great 
Britain,  109;  further  inquiries  be- 
ing made  of  Great  Brit!  in.  109; 
British  Government  in  no  way  con- 
nected with,  112. 
Maritime  war,  Initel  States  suggests 


agreement  between  Great  Britnin  e.nd 
Girmanv  on  rules  of,  35-37;  German 
reply.  37-38;  British  reply,  39-43; 
vessels  captured  by  Great  Britain. 
57;  Germany  hopes  way  will  be 
found  to  regulate,  guaranteeing  free- 
dom of  geag,  .'lO;  Germany  will  al- 
ways tje  glad  to  make  use  of  good 
olfiies  of  President  to  approach  Great 
Britain  with  reference  to  alteration 
of.  rules  of,  fiO;  United  States  believts 
war  can  be  conducted  by  submarines 
in  accordance  with  accepted  princi- 
ples of,  62;  refuses  to  acknowledge 
right  of  any  Indligerent  to  alter 
rults  of.  155."  *■'?('  also.  Freedom  of 
the  seas.  International  law.  Mine 
areas.  Submarine  warfare,  etc. 
Mnr8.  (Jerniiin  scoutship,  20. 
Martin,  Thomas,  taken  prisoner  on  Ger- 
man prize  ship  Yarroicdale,  222. 
Mauberge,  233. 

Mediterranean,  German  regulations  re- 
specting submarine   warfare   in,   74- 
75;    German   submarines   ordered   to 
conduct  warfare  in  accordance  wuth 
principles  of  international  law  in,  74: 
reprisals  forbidden.  75:  merchantmen 
only  to  be  destroyed  after  pas8eng_ers 
and  crews  are  accorded  safety,   75; 
nil  vessels  destroyed  to  be  made  sub- 
ject of  investigation   and  submitted 
to   prize   court,    75;    British    Admi- 
ralty  instructions   to  armed   merch- 
antmen in.  1.15:   Gcrn.iny  asks  that 
warships  display  flag  by  day  and  be 
sufficiently    liglited    by    night,    210; 
American"    reply,     217-218;     cannot 
agree  to  sugeestion,  217;   submarine 
warfare  in,  329. 
Merchant  vessels.  German  proclamation 
(Feb.    4,    1915)     relative   to.    24-25: 
not   to   resist   submarines,   38;    sunk 
by    German    submarines,     41 ;     cap- 
tured  merchant  vessels  to  be  taken 
before  prize  courts,  41 ;  to  be  sunk 
without  notice,  41;  submarines  can- 
not 1)0  used  against,  45-46;   German 
claim  that  Fnlnhn  sought  to  escape 
capture   bv   flight,   does   not   relieve 
captor    from    safeguarding    lives    of 
persons    on    board,    52-53;     noneom- 
batants  cannot   be  put   in  jeopardy. 
55;    character    and    cargo    must    be 
first    ascertai'.ed    before    seizure    or 
destruction,  61  02;  British  merchant 
vessel  fired  on  submarine  in  Irisli  Sea. 
without  challeng",  65;   German  sub- 
marines in  Medit,  rranean  ordered  to 
conduct   warfare   against   enemy,   in 


INDEX 


363 


accordancr>  witli  principles  of  inter- 
nationnl  law,  74-75:  only  to  lio  de- 
stroyed after  pa'*s(>ii;:<Ts'  and  crews 
have  been  accorded  safety,  ".'>:  all 
vcs«el«  destroyed  to  !)e  made  aulijeet 
of  iiivestiffation  and  sulimitted  to 
pri.7e  loiirt,  ''};  suspected  of  earrvins 
supplies  to  belliRerent  war.-liips,  1  Itt. 
117,  l.'iS-l.-)0.  Sec  also  Armed  :,!cr- 
chant  Vessels. 
Weta!»,     conditional     contraband,     10: 

contraband,  10. 
Mciisp  IJiver,  254. 
ili'^ir'o,  .kineriean  policy  towards,  152: 

'iftinj!  of  embarj;.!  on  arms  to,  153. 
Jlidilleton,    Harry,    taken    prisoner    on 
•  German  prize  ship    Ynnmrdale.  222. 
Military   occupation,    Belgian    Govern- 
ment holds  that  it  confers  upon  oc- 
cupied State  only  dr  '  •  '.    ;  ^ssc.-ision 
of    occupied    territory    and    rieht    to 
cancel  exequaturs  cannot    be  derived 
from    that   title.    22'l-2.'i0.    2.'}4;    Ger- 
many does  not  consider  this  correct 
•j:!i)-2.1.1 
Miliiury  wagons,  contraband,  .3 
Jline    areas,    ll-o."?:     German    Foreign 
Ktlice    npir'is    Gci-nii'.-:    ;ini"s    niiiin'., 
11:  pr.''e<t  of  Great  Britain  aga;!;st 
German   min'S   in   North  .Sea,   J2-I4; 
reply  of  Cern'any  to  protest  of  Great 
Britain,   11-17:    denial   that  German 
mine.'*  v    r-  laid  by  fishing  vessel,  15; 
states    mines    were    laid    as   close    as 
possible   to   anchoring   grounds,    15; 
denies  neutral   trade  routes  blocket:. 
15:    denies   mining   Xortb    .'^ea,    1!); 
agreement      suggested       by      United 
State.*,  ."0;   German  replvto  Ameri- 
can suggestion,  37;  Germany  willing 
to    agree    not    to    use,    37;    Germany 
willing  to  put  Government  stamp  on 
mines,   37;    Germany  does   not    con- 
sider it  feasible  to  wholly  forego  use 
of  anchored  mines,  37;   liritish  reply 
to    American    suggestion.    30-43;    ac- 
cuse Gern;:uis  of  laying  mine  HeMs  on 
high    seas,    41;    mines    laid    without 
warning,  41;  Oernuiny  charges  mines 
are  poorly  an -Iiored  by  Great  Britain, 
57. 
Mining  machines,  not  contraband,   10. 
Mir.ing  lumber,  contraband,  0. 
Moeicr.  11.  M.  s„  captured  the  Apuam. 

137. 
Moffat,  Walter,  taken  prisoner  on  Ger- 
man prize  ship  Yarroicftalc,  222. 
Molylidenite,  contraband,  0. 
Molyb<lenum,  contraband,   10. 
Money,  gold  and  silver  in  coin,  condi- 


tional contraband.  3;  contraband,  0; 

paper,     conditional     contraband,     3; 

paper,  contraband,  0. 
Monfgelas,    (^unt.    Imperial    German 

Firi'ign  Office,  222. 
Mother  of-pearl,  not  contraband,  10. 
Motor   vehicles,  contraband,   0;    rubber 

tires  for.  contraband.  0. 
Mouffet.  Captain,  statement  ae  to  Sut- 

1-T.  An.  87. 
Mmint     Trwplp.     merchantmen,     sunk 

and    crew    brought    to    Swi.iemunde, 

221.  222. 
Mi.nitions     of     war.     Sfc     Arms     and 

munitions 
Murjdiy,    Dominic,    Consul   General    at 

Sofia.   2n0. 
Muri)liy,      George,      seaman      on      the 
Itouanmore,   09. 

Xn'-Iififlifen    f:ir    fircfuhrir     17-1"     "1 

.-•■'  '    '   ' 

Nautical   instruments,  conditional  con- 
traband, 3;  contraband.  .S. 
Naval  vessels,  to  display  distinguishing 

marks,  210-210. 
Naval   warfare,  aer  Maritime  warfare. 
y-l,rn<>lrn>.  S.  S,.  imjuiry  ninde  of  Ger- 
many n^'   t.j  attack  on,  52;   German 
re;'ly    f-i    American    note    nlative    ti 
attack   on,    00-61;    attacked    In-eause 
flying    no    flag    and    unmarked,    61; 
Germany   willing  to   pay   indemnity, 
01;  attack  on,  327. 
Netherland  coast,  25. 
Ni'therland     Postal     and     Telegraphic 

Service.  2.>0. 
Neutral  flag.    .See  Flag,  false  use  of. 
Neutral    ports,    use   as    base   of    naval 

opor.itions,  14!>. 
Neutrals.  German  Navy  instructed  to 
r.strain  from  violence  against  ships 
of,  20;  rights  of,  28;  neutral 
nhips.  warned  liy  Germany,  to  avoid 
dangir  :',ne.  32;  American  Govern- 
•■  'ont  suggests  basis  for  agreement 
i.'r  protectien  of,  3."-37;  reply  of 
•  icrtieiny.  :!7-3S;  reply  of  Gr"at 
Britain,  30-43;  not  to  be  attacked  in 
war  zone  if  guilty  of  no  hostile  act, 
43:  even  if  carrying  contraband  are 
dealt  with  according  to  rules  of  in- 
ternational law.  43;  if  meeting  with 
harm  in  war  zone  by  mistake,  Ger- 
many will  recognize  the  responsibil- 
ity therefor,  43;  immediate  investi- 
gation to  be  had  when  neutral  ships 
are  sunk,  43;  if  neutral  government 
is  not  satisfied,  Germany  is  willing 
to  submit   question   to   international 


364 


INDEX 


commitBion  according  to  Chapter  III 
of    Hague    Convention    (or    p»aceful 
lettlement  of  international  diBputos, 
44;  United  States  cannot  admit  pruc- 
lamation  of  war  zone  warning  neu- 
tral   shipB,    55;    Girmany    oITitb    to 
allow    certain     numbiT     of    neutral 
paBsengcr  ghip*  to  travel  throu(8h  war 
zone,   51);    if   neutral    ships  are   not 
available,  four  enemy  ships  may  be 
placed  under  Ameriear.  flag.  00;  based 
on     principle,    not     expidienoy,    0'.. 
United   States  refuses  the  olfer,  «3. 
See  also.  Submarine   warfare,   Mari- 
time war,  etc. 
Neutral   trade,   memorial   of   Germany 
respecting   interference   by    England, 
25-27;    with    Germany,    31;    United 
States  cannot  discuss  policy  of  Great 
Britain  with  Germany,  02;  prevented 
by  British  Blockade,  77. 
Neutrality,  Germany  asserts  American 
rule  as  to  status  of  armed  merchant 
vessels  visiting  American  ports  vio- 
lates,   118;    Germany    considers    un- 
tenable in  international  law,  the  view 
of    United    States,   that    delivery    of 
coal  by  tenders  to  warships  violates 
neutrality,     14fi;     proclamation     of 
United  States,  140;  trade  in  contra- 
band, 148;  if  it  is  the  will  of  Amer- 
ican people  that  there  shall  be  true 
neutrality    the    United    States    will 
find    means    to    protect    trade    with 
Germany,  152;  policy  toward  Mexico, 
152;  American  reply,   ISS-LW;  plac- 
ing embargo  on  trade  in  arms  would 
be     violation     of     American,      155; 
American     neutrality     founded     on 
firm    basis    of    conscience    and    good 
will,   155;   any  change  in  niutrality 
law  would  be  violation  of  strict,  155. 
Nickel,    conditional    contraband,     7-8; 

i*ontraband.  lU. 
Nickel  ore,  contraband,  0. 
A'icosion,   British  mule   ship  attacked, 

328. 
Nitric  acid,  contraband,  9. 
Nolte,    Dr.,   escaped    from   internment, 

163;  to  be  returned,  168. 
Noncombatants,  neutral  or  belligerent 
cannot  be  put  in  jeopardy  by  capture 
or  destruction  of  unarmed  merchant- 
men, 45;  United  States  believes  lives 
put  in  jeopardy  through  error  of  com- 
mander and  not  by  order  of  German 
Government,  46;  expects  German 
Government  to  disavow  acts,  47; 
United  States  insists  cannot  be  put 
in  jeopardy,  55-56. 


yorddeuticher  Lloyd  Company,  Btcamer 
LocktuH  belongs  to,  141. 

Norderney,  20. 

Sordhind,  lightship,  51. 

Hormandie,  American  bark,  loaded 
with  lumber,  allowed  by  German 
submarine  to  proceed,  as  it  was  not 
possible  to  guarantee  the  crew 
would  be  rescued  in  small  boats  if 
ship  were  sunk,  07-08. 

North  Africa,  281. 

Xorth  (Jerman  Oasette,  136. 

North  Sea,  British  protest  against 
German  mine  laying  in,  12-14;  Ger- 
many denies  sowing  mines  in,  12; 
reply  to  British  protest,  14-17 ;  min- 
ing of,  17-li);  German  sailing  direc- 
tions, 17-1!»;  declared  war  area  by 
Great  Britain  (Nov.  3,  1914),  67,  76. 

Norway,  26. 

Norwegian  coast,  19. 

Notice  to  mariners  (British  Admiral- 
ty), 17-19. 

Nyberg,  John,  taken  prisoner  on  Ger- 
man prize  ship  Vorroitdafe,  222. 

Occupied  territory,  status  of  consular 

officers  in,  228-2.16. 
Ormiilgfe,   steamer,   23. 
Odentcald,  steamer,  German  Ambassa- 
dor protests  against  refusal  of  clear- 
ance papers,  170-174 ;  attempted  to  sail 
without  papers,  and  was  fired  on,  170; 
reply  of  United  States,  171-174;  ship 
refused    clearance    papers,    for    sufli- 
cient     reasons,     172;     committed     a 
breach  of  navigation  laws  of  United 
States  by  attempting  to  sail  without 
papers,  172. 
Ogran,  Charles,  taken  prisoner  on  Ger- 
man prize  ship  Varroicrfa/c .  222. 
Orders  in  Council,  70,  122,  151. 
Orduna,  steamer,  reply  of  Germany  to 
inquiry  as  to  attack  on,  67  08;   ves- 
sel flew  no  flag  and  bore  no  neu'.ral 
markings,    07;    did    not    stop    when 
warning  shot  was   fired,   67;   attack- 
by  torpedo  contrary  to  instructions; 
w'ill  not  occur  again,  68;  attack  on, 
328.  .  , 

Ore  nickel,  chrome  htematite,  iron  and 

lead,  contraband,  9. 
Orkney  Islands,  19,  39. 
Otmulgu,  steamer,  22. 
Ott(  man  Empire.    See  Turkey. 
Oif ti,'0,  steamer,  American  inquiry  made 
as  to  attack  on,  96;   German   rep"? 
96-97;  vesael  flew  no  flag,  and  failed 
to     stop     until     eleven     shots     had 
been  fired,  96-97;  Germany  consider* 


INDEX 


365 


•teamer  did  not  behave  in  accordance 
with  international  practice  in  not 
atopping  whfn  ordered,  07 ;  American 
reply,  OTnO;  captain  heard  firing, 
but  no  ahots  were  flri'd  aoroaa  bow 
until  lubmarine  came  in  sight,  and 
as  thore  was  no  wind  to  unfurl  flags, 
could  not  understand  signals.  07; 
captain  thought  boarding  party 
should  hoard  his  vessel  instead  of 
hi«  going  to  any  foreign  warship, 
07 ;    statement  of  master  of  Oweao, 

Oxidis  of  antimony,  contraband,   10. 

Pack  animals,  contraband,  3,  0. 
Pflfie,  Walter  Hims,  American  Amhas- 
Hiidor  to  Knglniiil,  12,  237,  244,  255, 
2.-)fi.  2H3,  276,  284. 
Paints,    declared    not    contraband    by 

fiermany,  II. 
Palisander,  not  contraband,  4. 
Papen.  Captain  von.  Military  Attaoh« 
of  German  Kmiiassv  recall"  asked  bv 
I'nited  States,  210-"215;   recall  again 
asked,     21 1 ;     German     Ambassador 
states  Kmperor  has  recalled,  and  asks 
safe  conduct  for  olTicer  and  s«>rvant, 
212;    safe   conduct    granted    by    En- 
tente  Allies,    212;    notified    to*   take 
southern  route  to  Holland  and  per- 
form  no   unneutral    service   such    as 
carrying  dispatches  to  G.rman  Gov- 
ernment,  213;    passports   sent,    213; 
activities  of,  331,  333,  334. 
Paper,  not  contraband,   11. 
Paper   money,   conditional   contraband, 

3;  contraband,  0. 
Paris,  Economic  Conference  of,  300. 
Paris,  Declaration  of,  tee  Declaration 

of  Paris. 
Parker,  James,  taken  prisoner  on  Ger- 
man prize  ship  Yarroicdale,  222. 
Passenger  steamers,  British  passenger 
steamer  fired     n  German  submarine 
in    Bristol    Cliannel,   65;    Americans 
traveling  on   these  vessels  do  so   at 
own  risk,  65. 
Peace,  note  from  Central  Powers  (Dec. 
12,  1010)  proposing  entry  into  peace 
negotiations,    274-284;     note    trans- 
mitted to  Entente  Powers,  276;    re- 
ply of  Entente  Powers,  277-270;  re- 
ply of  Entente  Powers  transmitted 
to   Central   Powers,   270;   answer   of 
Germany  to  reply  of  Entente  Powers, 
280-282;  answer  of  Austria-Hungary 
to  reply  of  Entente  Powers,  2S2-284 ; 
•uggestion  of  President  Wilson  that 
early  occasion  be  sought  to  call  from 


all  l)elligerents  views  as  to  tenoa  of 
peace,  and  a  conference  be  held  on 
neuti.i  ground.  284-298;  note  to  Al- 
lied  Powers,   284-287;    note   to   Cen- 
tral Powers.  287-280;  reply  of  Ger- 
many,  280-200;    n-ply   of   Bulgaria, 
290-201;   reply  of  Belgium,  201-292; 
reply  of    Entente    Powers,   202-205; 
letter  from  A.  J.  Balfour,  in  regard 
to      President's      suggestion,      295- 
298. 
Pearls,  not  contralwnd.  10. 
Penfield,    Frederick    Courtland,    Amer- 
ican   Ambassador    to    Austria-Hun- 
gary  (10131017(,  284. 
Permanent  Court  of  Arbitration  at  The 
Hague,    Germany    offers    to    submit 
Arabic  case  to,  00;  Germany  willing 
to     submit     question     of     Prussian- 
American    treaties    to,    187;    United 
States  accepts  olTer  to  submit  ques- 
tion  of    indemnity   and    treaties    to, 
180;    Germany    suggests    compromig 
be   arranged    by    Foreign    Gflie   and 
American     Embassy,     ll»0;      Cnited 
States  agrees  as  to  compromig.  103; 
prefers  arbitration  by  summary  pro- 
cedure   of    Hague    Arbitration    Con- 
vention   to    longer   form    of   arbitra- 
tion Wore,   103;   text  of  draft  com- 
promia  submitted  by  Germany,    105- 
196;  Germany  proposes  conditionally 
to   submit   case   of   the   Appam    to, 

Persia,  steamer,  Germany  denies  Ger- 
man submarine  sunk,  75;  American 
consul  lost  on,  .329. 

Petrotiie,  American  steamer  attacked, 

Phillips,  Sir  Owen,  president  of  Mail 

Steam    Packet    Companv,    informed 

stockholders,    January,  "l014.    large 

steamers  were  armed.  121. 

Plata,    steamer,    fired    on    submarines 

135. 
Pohl,  von.  Chief  of  the  Admiral  Staff 

of  German  Navy,  25. 
Polk.  Frank,  Counselor  of  Department 

of  State,  258. 
Port  Said,  105. 
Portsmouth,  England,  88. 
Portugal,  reply  to  peace  offer  of  Cen- 
tral Powers,  27"'-279. 
Powder,  prepared  for  war,  contraband, 
3,  8;   not   prepared   for  war,  condi- 
tional contraband,  3. 
Precious  stones,  not  contraband,  10 
President,  steamer,  173. 
Printing  machines,  not  contraband,  10. 
Prinz  Eitel  Friedrich,  H.  M.  S.  intern- 


366 


INDEX 


II-, 


mtnt  of,  15»,  IflO;  edoapo  of  interned 
otiicera  and  men  from,  Ifi2-164;  sunk 
U'  Hani  I',  t'rye.  duinaKi-^  asked  KT 
owneri  ami  ca|ilain,  175-17tl. 
rri-oniTa  of  war.  BritUli  protest 
a({iiin"t  liarbarouK  treatment  liy  tier- 
many,  4t)i  Briiii^li  propoKHl  of  a 
eomnii«»ion  of  Ameriean  oHUers  l)f 
permitted  to  inspnt  prison  camps 
ni>t  ariepteil  liv  (i.rniai.>.  4(1. 
Private  piMp.rty' at  *ia,  (.Hint  C'aprivi 

on  protection  of,  -t-. 
Prize  courts,  captured  merchant  veisels 
ahould   I).'   taken  liefor  •.   41;    ease  of 
destroyed  merchant  sli  ;  -  to  be  taken 
ix'fore"  German,    T"«. 
Projeetilea,  contrat'and,  8. 
Pni»;-ian-.\ni<rlcan  treaties,  17!in,  \'^'<. 
1H2H,   liind  two  countries   by   ni)ecial 
ties,   47;    tr.aly   of    1785   negotiated 
by     Frederick  '  the     Great,     Adams, 
KranUliii,    and    Jiirer,oii,    .',0;    (ier- 
manv  a-s.rls  ca^e  of  ieelanair  falls 
under  Article  XIII  of  Treaty  of  17!tH, 
73;  United  States  claims  destruction 
of    Wiltinm   I'.   Fnje  a   violation   of, 
178;   (Jermany  does  not   admU   such 
destruction  uas  a  violation,  I7!t;  did 
not   have   intention  of  depriving  one 
of  parties  of   right  of  stopping  con- 
traband,    179;     tr  nty     gives    riglit 
to  party  at  »nr  t.!  -iip  and  di'tain 
eontraliand,      hence      '  ,ght     of     de- 
struction   follows,    .;!i-180;    obliga- 
tion   of    party    to    pay    remains    in 
force    whatever    be   niatimr   of    stop- 
ping.   IS'O:    tn^nties  ciTtaln   no  I'ro- 
vision   as   to    h"«'    amount    of    com- 
pensation   is    to    be    fixed,    180;     no 
foundation    for    claim    of    American 
(iovernment  unless  prl;->  court  should 
not    grant    indeninity    in    accordance 
with,    180:    L'nited    States    does    not 
find  treaty  justifies  oinking  of   l»'i7- 
fiam  /'.  i'r\ie  and  does  not  consider 
German  Vru^'  C  nrt  !r^<  i:iri-di<  tion 
over    <nu'-tl<ii     of     indemnity,     181; 
notes    with    surprise    Germany    de- 
sires to  raix'  (juestions  as  to  mean- 
ing   and    elfect     of,     ISl;     doe-;    not 
authorize     de?truction      of      neutral 
vessel,    I'S'J;    jinhilii""    ib'tcntion    of 
vessel  carrying  contraband  if  master 
is    willing   to    surrender    coniraimnd, 
182;    whethrr    cargo    of    l\i//i(im    /'. 
Frye  was  contraband  or  not,  the  de- 
struction   of    vessel    a    violation    of, 
183;   discussion  of  treaty  provisions 
cannot   properly   be  referred  to   (ier- 
man  Prize  Court,  183;   real  question 


ii  what  repar«tlon  muat  be  made  fur 
treaty    violation,    183 1    decision    of 
prize  court   not   binding  on   L'nited 
States,    184;    cannot    reeogniM    yxo- 
prietv   of   submitting   claim   to  tier- 
man  Prize  louit,  IHt;   Tnitcil  .States 
not    concerned    with    what    Germany 
may  do  as  to  other  claims  of   neu- 
trals,  184;   asks  Germany  to  recon- 
sider   subject    and    sidiniit    claim    to 
diplomatic    negotiations,    184;    reply 
of  Germany,   184-187;  Germany  can- 
not  acce,      view*   of   United   States, 
183;    intention   of    Article    -Mil,    of 
Treaty  of  17iiO,  180;  legality  of  sink- 
ing a'  subject   for  prize  court,    187; 
decision    of    prire    court    recognized 
validity  of  treaties  making  Germany 
liable  for  loas  of  American  property, 
187;  RUggeits  appointment  of  experts 
to   ttx   damages,    187;    expressly   de- 
clares  satisfaction    is   not   made   for 
violation  of  treaty  rights,  but  a  duty 
or    policy   of    Germany    founded    on 
existing  "treaty   stipulations,   187;    if 
United  States  does  not  agree  to  thi» 
Germany  is  willing  to  submit  ques- 
tion of  treaties  to  Permanent  t'ourt 
at  The  Hague,   187;   reply  of  United 
States,    188181);    United    States    ac- 
cepts i.lTer  to  submit  question  of  in- 
dimnity  to  two  experts,  189;  United 
States  "accepts  otfer  to  sutimit  treaty 
interpretation     to     the     Permanent 
t'ourt  at  The  Hague,  189;  necessary, 
pending   award,   to    have   agreement 
as  to  naval  operations  of  tiermany, 
180 :    agreement    by    United    St«te» 
and   Germany   as  to   .nmle   of   prni - 
dure,  for  submission  of  question,  189- 
1(1(1;   case  of  the  AppaiA.   197;   Ger- 
man   Ambassador    informs    Depart- 
ment of  Slate  of  arrival   of  Appam 
captured  by  H.  M.  S.  .Woeicc  and  l-!- 
tention  of  commanding  officer  to  stay 
in   an   .American    port    until    further 
notice,  in  accordance  with   Prussian- 
American     Trea'y     of      178"i.      inT: 
memorandum     from     German     Km- 
bnssv  states  ship  must  be  dealt  with 
according       to       Prussian-American 
Treaty    of     170't:     "nd -r    Tr-aty    of 
17!i:i,'s!iip   is  authorized  to  stay   in 
American     ports     as     long     as     she 
pleases,    1(>S-199;    dismissal    of    libel 
against     ship     asked,     198;     Ameri- 
can    reply     to     (ierman     note     and 
memorandum,     199-202;     treaties    do 
not  apply  to  Appam.  which  was  not 
accompanied    by    ship    of    war,    but 


INDEX 


ramp    into   port    alone    In   <-li«r(;o   of 
prii«?  miRtiT  nnil   iri'H,   JOI  ;    treaty 
allows   mn«t,r»   of  tapturinK  vi-mpN 
privil.g,.     of     iiirryinK     "Ut     pri/rn 
■Rain    to   pla,..,.   ,xprp««e,|    in    tluir 
commi.sion;   commju.ion  of   Lieuten- 
ant Hert'  rlirc.t..  him  to  Inv  up  In  nn 
Amerienn    port.   ..oi ;    treaiv  eont*m. 
plates  temporHry  a.,vhim  for  ve»wU 
of    "«r    will,    prizes,    not    ,le|Kmit    of 
spoils  of  war  in  American  port,  201  • 
(Jerman     reply.    202.2(1.-,;     i.k^    ,„i,: 
mission   to  HnKiie  Court   of  applica- 
tm,  of  treaty   to  Appam.   slatns  of 
•nip    to    remain    unelinnifed    (lurinu 
prtHoedinps.    204;    l.rincinK    ship    in 
under   iirize  erew   same   as   under   a 
oap'or  ihip,  204:  treaties  do  not  re- 
quire   mention    of   German    port    in 
eommisBioM  of  .ajitor.  205;   riiflit  of 
asylum      eontinuea      as      long      as 
prize  erew    Is  aUiard   and  danger  of 
eapture  exists.  20,-,;  so  lonj-  as  riiflit 
exists    eourts   do    not    l,n\u    jurisdie- 
tion.  20..;  opinion  of  Department  of 
Mate  that  Ameriean  eoiirts  must  de- 
cide elaims  of  Britisli  shippinij  <i,m- 
pany  ineompatil,le  with  treaty  stii.u- 
lations.  20,-,;  American  reply,  2ori--'((7 


367 


agrees  that  treaty  was  made  to  eover 
different  mode  of  warfare,  20(1:  does 
not  IK-Iieve  treaty  intended  to  eover 
permanent  asylum,  20«:  eannot  atTee 
to  allow  statuH  ,,,„>  to  remain  nnchnnir- 
ed  while  interpretation  of  treaty  ig 
submittwl  to  llaKiie  fourt.  207 :  pro- 
po8e<l  modification  of  Treaty  of  1709 
as  eoneerns  treatment  of  eit'iz.ns  and 
property,  310.315;  proposal  of  fl.r- 
many,  310-312;  American  reply,  311. 

Quebracho  wood,  conditional  contra- 
band,  fl;  not  fuel.  0;  in  logs,  contra- 

Queenstown,  70 

Radoslayoir.  Dr.,  Foreign  Minister  of 
Bulparia,  201. 

Railway  materials,  conditional  contra- 
band.  .1;  e.tntnil.and,  0. 

Range  tinders,  contraband.  !) 

Raw  material,  importation  into  Ger- 
many, 3S. 

Rcbemi   Palmer,   schooner,   attack   on, 

Keicha-Qeictzblatt,  August  3,  lOU,  2,  3, 

Rein,  Heins,  taken  prisoner  on  German 

prize  ship  Yarroiiilale    22'» 
Reprisals,     to     be     excluded  '  by     sub- 


marines  in  Mediterramau,  78;  Oer- 
many  compelh^l  to  rewrt  to.  7« 

in  Belftium.  2(13. 
Resin,  not  contraband,  10 
Retaliation,  German  method,  go  b«vond 

ordinary  m-thi'd-    45  «»ona 

Reuter'a.  13B. 
Ri<'e.  trade  in.  42. 
RiKht  of  capture,'    See  Capture,  right 

RiBht   of  yisit   and   search.      See  Visit 
and  search, 

^'.'/."Jh ''?"';   ^""''"''   "'   S«itzerla,l 
.312    31,5   "  ''^*'*""'  '^^^-  -'"•  ^'*'- 

^"fLT'lP-.^^u'"'-     "'"""y    protests 

that   British   officer,   was  allowed   to 

prcK-e.|d    through    Inited    States,   al- 

hough  haying  taken   part   in   battle 

iKfore    T.mgtau.     l.'-,7r    the    I'nlted 

rndrr.'''V''""""  h'  "riyed  as  an 
induidual;   case  not  similar  to  offl- 
(vrs  of  the  Orirr.   150 
Roche,  Kdward,  tak.'n  prisoner  on  Gcr- 

man  prize  -hip  Yarrondale.  iii 
Kochefort,  France,  8H 
Rockefeller     Foundation,     to     furnish 
ood    for   Giyet.    Fiimay.  and    region 
to  the  Sleuse.  251.  2.-)4 
Roofing  tiles,  not  contraband.  11 
hoieanmorr.  steamer,  the  I'nited  States 
impiires    as    to    sinking    of,    IMMOt). 
Germany  states  inquiries  l*ing  made 
into   sinking   of,    100;    statement    of 
American     Consul     at     Queenstown. 
IM^esented    to    German    Goyernmen? 
.     ,  master  of  vessel  taken  prisoner, 
!•!•:     boats    shell«l    after    clear    of 
ship,    00;    Germany    states    steamer 
«as    not    flying    Hag,    attempttni    to 
escape    and    ustnl    wireless,    captain 
was  deserted  on   board   by  crew  and 
taken   alniard   submarine,    102-103 
Roy-al    JIail    S<eam    Packet    Company, 

Rubber,  contraband,  0;  goods  made  of. 
.1:    rubber  tires,  contraband,  9. 

Rtied.bnsch.  Heinrich.  escaped  from  in- 
ternment. 1H2.  10,!;  to  be  returned, 
lt)S.  * 

Russo-Japan.se  War.  145.  162-164 
Ryan.  John,  taken  prisoner  on  German 
prize  ship  Yarrowdale,  222. 

Saddle  animals,  contraband,  3,  9. 
isaddlery     conditional    contraband,    3: 
contraband,  10,  ' 

St.  Johns,  New  Brunswick,  79 
San   Juan,   Porto   Rico,    German    ship 


368 


INDEX 


?-<k: 


f.-U 


OdtnifU  •ttMBi>t«d  to  Mil  without 
rlrarancf  from,  PO-174. 
8.ndt.  Dr.  von.  2ft2.  „    „    „ 

Bayli***,  W.   I.,  Commander  V.  a.  N., 

ifBfimfnt  »(  to  HutMX.  M6. 
Scarborough,  twrnbarclmcnt  of,  41. 
8che»lltp,  coKdillotml  contraband,  ft- 
Schneider,    Captain,    commanded    iub- 

marine  that  aunk  Anhic,  70 
Scott,     Charlea.     talten     urisoncr  on 
German      prize      ihip      \arrondalt. 
222. 
Scrap*  i)f  paper,  20«. 
Search,  »ce  Viiiit  and  search. 
Searchlifthta,    and    acceaaoriet,    contra- 
band, M.  .        .  , 
Hfbik.  ateamcr,  I'nited  State*  inquirlea 
■R  to  »inltinK,  100;  Girmany  report* 
a    ateamcr    Kiink    b»'C«>i«e    met    with 
llffhta  «mothcrrd  and  without  poatern 
lanterni..     which     mKV     have     been 
Kvhrk.  lOtl. 
Selenium,  conditionni  oontrnband,  10. 
Miniion,  tlmt  otllccr  steamer  Kvrlyn.  20. 
Serliiii,  :W 

Sei.i.l.r,  Alliert,  !W.  ,     .  . 

Severume   of   diplomatic   relations   be- 
tween   United   StnlcH  and   Cermnny, 
20a-310;     note    from    Germany    nn- 
nouncins      unrentricted      «ulim»'ine 
warfare     (Feb     :),    l!tl7),    200-301 ; 
memornmlum   relative  to  unme,   301- 
302;  l)lockade  r.one«  declared.  302-.')0:); 
American  reply    (Feb    :<,    1017 1.   cn- 
cloiins    panaportB    for    tJerman    Ara- 
bag*ad..r  and  staff.  ;i03-;»0.V,   address 
of  President  Wilson  to  the  ("on(jres» 
(Feb  3.  1017  I.  H0tl-3(«»;  German  pro- 
posal to  modify  treaty  of  1700,  310- 
312;   American   ri'ply,  aPi-Sl.');   (ier- 
man     otTer     to     negotiate,     provided 
blockade    aifainst     Kngland     i«    not 
broken,    31.'i-318;    American    refusal 
to  negotiate   unless  proclamation   of 
January    31,     1017,     i»    witlidrawn, 

315-310.  ,  „  ,   . 

Shaler,  to  be  in  charge  of  Belgian  re- 

Sharp,  William  Graves,  American  Am- 
bassador to  France,  253,  277,  270, 
291,  202. 

Shea,  I'at,  taken  prisoner  on  Oerman 
prize  ship  lorroiriM/c,  222. 

Shetland  Islands,  19,  27,  39. 

Shoes,  conditional  contraband,  3;  con- 
traband, 9. 

Sigiamonde,  Joseph,  taken  prisoner  on 
German  prize  ship  Yarroirdafc,  22-_. 

Silk  raw.  not  contraband.  10. 

£tt(tu«,  Norwegian  bark,  torpedoed,  3^». 


Silver,  In  coin,  eondltional  eontrabud, 

3;  contraband,  0. 
Sims,  Jamea,  taken  prlaoner  on  Qtrman 

prize  ahip  YarroicdaU,  222. 
SkaKerrak.  19. 

Skinner.   Kohert   P.   American  Consul 
tJneral     to     London,     aakr     United 
Statea  to  furnish  naval  shipa  to  carry 
food    to    Belgium,    241-242!    re<jueat 
rcfuaed  as  the  United  SUtt*  h»a  no 
suitable  ships,  242. 
Skins,  not  contruliand.  11. 
Slates,  not  •■ontiuliand,  11. 
Smith.  Captain,  steamer  F.vtlyn.  20-23. 
Smith,  John,  takm  prisoner  on  licrman 

prize  ship  Veirroicifale,  222. 
Smith,    I..    B .    Lieutenant.    U.    S.    A . 

statement  as  to  Huuex.  8B-8S. 
Snvder,   Dr.   Henry,  taken  prisoner  on 
("jerman  prize  ship  Ynnovdale,  22-; 
in   prisiin  camp   at   Karlsruhe,  222: 
departed  for  Denmark,  226. 
Simp,  tiot  contralwnd,  11. 
Soda,  not  contraland,  11. 
Soden,    Count    von,    colonel    and    com- 
mandant in  Brussels,  274. 
Siiring-Hice.  Sir  Cecil,  Mritisli  Amlias- 
sador  t..  the  United  States,  214.  20S_ 
Stnti'"     f  consular  officers  in  oi'cupk'd 

ten      ry.  228-23tt.  , 

Stone,  William,  President  Wilsons  let- 
ter to.  13fl 
S'ones,  not  eontralmnd.  10 
Ston-s,  pri-cious,  not  contraband,  10. 
Stovall,    Pleasant,    American    Minister 

to  Switzerland,  227. 
Stumm,  Count  von,  116. 
Sturm,   seaman,   attempted   to   escape 

from  in* eminent,   KW. 
Submarine  sound   signaling  apparatus, 

contraband,  0. 
Submarine   warfare,   24116;    "/''"Ifny 
gives  notice  tliat  transport  of  British 
troops  to  France  will  lie  opposetl  by 
every   means,   24;    Germany   advises 
merchant     ships    bound    for    North 
,Sca    to   steer   around    Scotland,   24; 
German     proclamation     of     Feb.     4, 
1015,  di'claring  waters  around  Great 
Britain  and  Ireland  a  war  zone,  24- 
25;  German  memorial  respecting  re- 
taliatory   measures,    25-27;     Britiah 
Government    repudiated    Declaration 
of  Ixmdon;   have  obliterated  distinc- 
tion   between    contraband    and    non- 
contraliand;    have   violated    Declara- 
tion of  Paris;   have  taken  Gertnana 
from  neutral  ships;  have  taken  Ger- 
man   non-contraband    from    neuti^l 
ahips;  have  declared  North  Sea  the 


1/^ 


INDEX 


•Mt  of  war,  28;  havp  btorkad'Ml 
Bfutral  roatti,  tbui  pUnnlnir  to 
•trik*  wholr  rronomlr  nyttt-tn  of  Orr- 
■unT;  nfutral  powm  have  acqui- 
•fCM;  no'  ral  powrn  thus  admit  vital 
Inttnatt  of  a  belllRrrrllt  aunrii'iit 
cxi'Uie  for  waging  any  OMthod  of 
warfar*  Ormany  Invoktt  iueh  vital 
Interenti,  20;  neutral  powrra,  Aramed 
not  tn  intruit  thtir  rri-w,  panangrri 
or  mrrrhandiM  to  (nemy  mrrrhant 
vraieli,  26;  watrri  north  of  Hhrtland 
Iitandi,  the  <>aiti>rn  part  of  North 
S*a.  and  a  tone  JO  marinp  niilriiwidr 
along  Dutch  coait  are  outiidv  war 
zone,  27 ;  Amrriran  acknowliHignirnt 
of  Uerman  noliflcation  of  liliK-kadr, 
27-20;  c-aIN  attention  to  (erlouii  |mii- 
■ibilitiet  of  roiirne  of  action  contera 
plated,  27 ;  aiki  Germany  to  recon- 
aider  the  cunaequencea  if  American 
merchant  veawl  should  be  destroyed 
or  American  lives  lost,  27-2H;  sole 
right  of  belligerent  in  dealing  with 
neutrals  on  high  seas  limittd  to  visit 
and  search,  unless  blockade  is  pro- 
claimed and  maintained,  which  is  not 
proposed  in  this  case,  2H;  I'nited 
Statj'S  reluctant  to  liclievc  Oermany 
would  declare  or  exercise  right  to  at- 
tack or  destroy  anv  veiisel  entering 
prescribed  area  without  visit  and 
search,  28;  suspicion  of  use  of  false 
flag  no  presumption  that  all  ships 
travirsing  a  prescribed  area  are 
guilty.  2N;  right  of  visit  and  search 
recognized  to  determine  such  ques- 
tions, 28 ;  American  (iovemment  open 
to  none  of  the  criticisms  for  un- 
neutral actions  noted  in  German 
memorandum;  has  taken  position 
that  belligerents  vi"'  ting  the  rights 
of  Americans  wovlu  held  renponsi- 
ble,  28 ;  if  Germa,.  commanders  should 
destroy  American  lives  or  American 
vessels,  it  wou!d  be  hard  to  reconcile 
such  act  with  friendly  relations  sub- 
sisting between  the  two  governments. 
28;  would  hold  Germany  responsible 
and  take  neccsaary  action  to  secure 
American  righta  on  high  seas,  28; 
urges  that  American  vessels  be  not 
molested  otherwise  than  by  visit  and 
search,  20;  German  reply  to  Ameri- 
can note,  29-35 ;  agrees  that  it  is  de- 
sirable tc  avoid  misunderstanding, 
29;  proclamation  not  directed  at 
legitimate  trade,  but  represents  act 
of  s>'lf-defen8e,  against  England's 
violation  of  international  law  which 


neutrals  ht\  I'alird  to  abate,  30; 
sets  forth  sgain  England's  violatioaa 
of  international  law,  30;  conceded 
violations  are  Intended  to  cut  off 
Germany  from  all  supplies,  .10;  calls 
attention  to  American  protest  tw 
British  Government,  30;  cites  caae 
of  Wilhrlmina,  .10;  rely  on  neutrals 
who  have  tacitly  or  under  protest 
Bubmitte<l  to  England's  violation  of 
International  law  to  display  same 
tolerance  toward  German  measuri*, 
32;  not  intention  to  destroy  neutral 
property,  32:  safest  method  to  avoid 
danger  is  to  stay  away  from  war 
zone,  32 ;  only  enemy  merchant  ships 
to  be  destroyed,  33;  again  calls  at- 
tention to  misuse  of  flag  by  Kngland, 
.  and  trade  in  war  materials  by  neu- 
r  trals,  .13 ;  Germany  suggests  convoy.  34 : 
prepared  to  enter  into  negotiationa 
as  to  convoy,  .14;  ships  advised  to 
avoid  Knglish  waters,  .14;  German 
submarines  to  aliatain  from  violence 
to  American  mirchunt  vissels  when  i^- 
recognizable  as  auch,  34;  American 
suggestion  n*  to  agreement  between 
•-^  Great  Britain  and  Oermany  as  to 
rules  of  maritime  war,  .1.'>-37;  Ger- 
man reply  to  suggestion,  37-38; 
Germany  would  undertake  not  to  use 
them  to  attack  merchant  ships  ex- 
cept to  enforce  right  of  visit  and 
search,  37 ;  when  enemy  character 
of  vessel  or  presence  of  contraband 
be     axcertained     submarines     would 

firoi'ciKl  according  to  international 
aw,  37:  restricted  use  contingi'nt  on 
enemy  xhips  abstaining  from  use  of 
false  flag*,  etc.,  38:  merchant  chips 
not  to  lie  armed,  38;  legitimate  im- 
portation of  food  into  Germany  to  be 
allowed,   3H;    waters  around   Orkney 

/^and   Shetland   Isles  declared   a   war 

^  lonv  by  Germany,  30;  British  re- 
ply to  American  suggestion  as  to 
agreement  on  rules  of  maritime  war, 
30-43;  calls  attention  to  violations 
of  international  law  by  Germany.  40; 

,  sinking  of  British  merchant  ships, 
41;  German  statement  as  .o  attai'ks 
on   neutral   merchant   shint.   by   Ger- 

/'  man  submarines  or  aircraft,  43-44; 
first  American  note  on  sinking  of 
Liititania.  44-47;  sinking  of  Falaba, 
44;  attack  on  Cuthing,  44;  sinking  of 
Oulfiight,  44;  calls  attention  to 
practical  impossibil'ty  of  using  sub- 
marines under  rules  of  international 
law,  4G;  calls  attention  to  warning 


370 


INDEX 


m 


issued  bv  Imperial  Gcnnan  Embauy 
to  Amcricui  citixeni  not  to  travel  in 
waters  declared  a  war  tone  by  Ger- 
oiany,  46;  no  warning  of  an  un. aw- 
ful act  can  be  accepted  in  excuee  or 
palliation,  46;  United  SUtea  loofca  to 
Qermany  for  prompt  action,  47 ;  Ger- 
man reply  to  American  note,  47-SO; 
invettigation    of    caeca    of    Cu§hing 
and    Oulftight    in   progresa;    Falaba 
■unic  because  of  action  of  Captain  in 
signaling  for  help,  48;  Lutitania  an  ^ 
atuiliary     cruiser,     with     mounted 
guns,  carrying  troops  and  ammuni- 
tion; quick  sinking  due  to  explosion 
on  board,  49;   German  reply  to  in- 
quiry as  to  Cuthing  and  Oulflight, 
60-51 ;  Oulflight  not  seen  to  be  flying 
American    flag,    when    attacked   for 
auspicious  actions,  50-51;    Germany 
expresses   regret   and   offers    indem- 
nity for  damage  to  American  citi- 
zens, 51;   Cusking  attacked  because 
flying  no  flag  and  bearing  no  neutral 
markings,  51;   American  Inquiry  as 
to  attack  on  Nebraikan,  82;  second 
American  note  on  Luiitania,  52-56  ;i/ 
will  lay  claim  for  damages  for  losses 
due  to  attack  on  Cuihing  and  sink- 
ing of  Oulflight,  52;  surprised  that 
Germany    claims    attempt    of    mer- 
chantman to  escape  alters  obligation 
of  captor  to  safeguard  lives  of  those 
on  board,  52-53;  nothing  but  actual 
forcible  resistance  has  ever  been  held 
to   forfeit    lives   of   passengers   and 
crew,  53;   does  not  understand  that 
Germany  seeks  to  justify  act  of  coni- 
mander'of  submarine,  53;  Luiitania 
not  armed,  and  not  carrying  arms  or 
ammunition,  53;  asks  sucli  evidence 
as    Germany    may    have    of    these 
charges,   54;    looks  to  Germany   to 
see  that  justice  is  done  Americans 
who  have  been  wronged,  55;  renews 
representations    of    first     Luiitania 
note,  and  relies  on  universally  recog- 
nized    principles     of     international 
law,  55;  cannot  admit  proclamation 
of    war    zone    may    in     any    way 
abbreviate  rights  of  Americans,  55; 
understands  Germany  to  accept  prin- 
ciple   that    lives   of    noncombatants 
cannot  be  put   in  jeopardy  by  cap- 
ture or  destruction  of  an  unresisting 
merchantman   and   to   recognize   ob- 
ligation of   precaution   to  ascertain 
whether  merchantman  is  a  belliger- 
ent or  a  neutral  carrying  contraband, 
55-56;  asks  assurance  that  American 


livea  and  ahipa  will  be  safeguarded, 
66;  German  reply  to  second  Ameri- 
can Lutitamia  note,  66-60;  Germany 
waa  willing  to  ratify  the  Declara- 
tion of  IiOMon  in  beginning  of  pres- 
ent  war,   67;    believes   war   ahould 
be  conducted  against  armed  forces, 
but    civiliana    muat    be    apared  as 
much    aa   poaaible;    Germany's    ad- 
versariea,    by    paralyzing    peaceable 
trafBc  between  Germany  and  neutrals 
aimed  to  destroy  life  of  nation,  67; 
England  ia  blockading  neutral  coasts 
ana   ahipping   contrary   to   interna- 
tional law.  67;  as  with  Boers,  Ger- 
many must  perish  from  starvation 
or  loae  its  independence,  67-68;  Ger- 
many   obliged    to    adopt    submarine 
warfare  to  meet  intention  of  enemies 
and  method  of  warfare  adopted  by 
them  in  contravention  of  internation- 
al law,  68;  rights  of  neutrals  must 
suffer,    68;    all    distinction   between 
merchantmen  and  warships  obliter- 
ated by  British  order  to  merchant- 
men to  arm   and   ram   submarines, 
and  the  promise  of  rewards  there- 
for, 58;  neutrals  who  use  merchant- 
men exposed  to  dangers  of  war,  58; 
if   commander   of   submarine   which 
sunk  Luiitania  had  caused  crew  and 
passengers  to  put  out  in  boats  before 
firing    his    torpedo    the    submarine 
would  have  been  destroyed,   68;    it 
was  to  be  expected  that  so  large  a 
vessel    would    remain    above    water 
long   enough    to    permit    passengers 
to  enter  ship's  boats;    presence  on 
board    of    high    explosives    defeated 
this  expectation,  68;  if  Luiitania  had 
been   spared  thousands  of  cases  of 
ammunition     would     have     reached 
Germany's  enemies  and  thousands  of 
German  mothers  and  children  would 
have  lost  their  supporters,  68;  Ger- 
many will  always  he  ready  to  do  all 
it  can  to  prevent  jeopardizing  Amer- 
ican   lives,    60;    repeats   assurances 
American  ships  will  not  be  hindered 
and  American  lives  on  neutral  ves- 
sels shall  not  be  placed  in  jeopardy, 
59;  German  submarines  will  permit 
safe  and  free  passage  of  American 
passenger  steamers  when  made  recog- 
nizable   by    special    markings    and 
notified   a    reasonable   time    in   ad- 
vance; hopes  American  Government 
will    assume    guarantee    that    these 
vessels  have  no  contraband  on  board, 
60;  proposes  to  increase  number  of 


INDEX 


871 


available  iteamen  by  uaing  reaaon- 
able  number  of  neutral  ships  under 
the  American  flag;  believes  adequate 
facilities     can     thus     be     afforded 
Americans  for  travel  across  Atlantic 
Ocean,   50;    no  necessity  for  Ameri- 
cans traveling  to  Europe  in  enemy 
ships,  S9;   unable  to  admit  Ameri- 
can citizens  can  protect  enemy  ship 
by  presence  on  board,  50;   Germany 
followed  England's  example  when  it 
declar      high  seas  an  area  of  war, 
50:   accidents  to  neutrals  on  enemy 
ships   cannot   be   judged   differently 
irom  accidents  to  neutrals  at  seat 
of   war   on    land,   59;    if   American 
Government  cannot  acquire  adequate 
number  of  neutral  steamers  Germany 
is   prepared   to   interpose   no   objec- 
tions to  placing  under  American  flag 
of  four  enemy  steamers  for  passen- 
ger traflic,  59-60;  Germany  will  al- 
ways be  glad  to  use  good  offices  of 
♦he  President  of  the  United  States  to 
bring  about  agreement  as  to  freedom 
of  the  seas,  60;   German  memoran- 
dum on  attack  on  Nehratkan,  60-61 ; 
attacked  because  not  flying  American 
flag;  Germany  will  make  compensa- 
tion ;  suggests  appointment  of  experts 
to  fix  amount,  61 ;  American  answer 
to  German  note  of  July  8,  1915  (third 
Lutitania  note ) ,  61-63 ;  cannot  discuss 
with  Germany  the  policy  of  Great 
Britain,  62;  rights  of  neutrals  based 
on    principle,    not    expediency,    62; 
submarines  can  be  used  in  accordance 
with  accepted  practices  of  regulated 
w^arfare,     62;      friendship     prompts 
United     States    to     say     repetition 
of     acts     of     submarines     in     con- 
travention  of  American   rights  will 
be    deemed    deliberately    unfriendly, 
63;    Germany  asks  that   no  detinite 
stand  be  taken  on  Arabic  case  till 
German  report  is  made,  64;  Germany 
announces    that    liners    will    not    be 
sunk  without  warning  and  without 
safety    of    noncombatants    if    liners 
do  not  attempt  escape  or  offer  re- 
sistance,    64-65;     Germany     reports 
English  merchant  ship  flred  on  Ger- 
man submarine  in  British  Channel, 
65;  German  report  on  Arabic,  65-66; 
German    report    on    attack    on    the 
Orduna,  67-68;   American  statement 
as  to  sinking  of  the  Arabic,  68-69; 
further  German  note  on  Arabic,  70; 
American  reply,  70-71;   German  re- 
port on  the  LeelanavD,  71-73;  German 


note  on  Arabic,  73-74 ;  American  note 
on  Lcelanaw,  74;  German  memoran- 
dum on  conduct  of  submarine   war 
in  Mediterranean,  74-75 ;  to  be  in  ac- 
cordance   with    principles    of    inter- 
national law,  74;  reprisals  not  to  be 
made,  75;  ships  to  be  destroyed  only 
after  passengers  and  crews  have  been 
accorded  safety.  75;  all  cases  cubject 
to  prize  proceedings,  75 ;  commanders 
disobeying    will     be    punished,     75; 
Pertia  not  sunk  by  uerman  subma- 
rine, 75 ;   German  memorandum  ex- 
plaining German  view  of  submarine 
question   (March  8,  1916),  75-78;  to 
meet   British   violations  of   interna- 
tional   law    Germany   chose    a    new 
weapon,    the    submarine,    76;     this 
necessitated  restriction  of  free  move- 
ments of  neutrals,  76;   was  willing 
to  comply  with  American   proposal 
as  to  use  of,  76;  England  refused,  76; 
Germany,  after  neutrals  had  lost  their 
lives,  complied  with  wishes  of  Ameri- 
can   Government,    76;    England    by 
arming   merchantmen,  and   ordering 
them  to  attack  submarines  made  it 
impossible  to  conform  to  old   rules 
of  international  law,  77-78;   British 
bestow  premiums  and  decorations  on 
mauters  of  merchantmen  who  destroy 
submarines,  77;  American  inquiry  as 
to  sinking  of  Buiiex,  78;  German  re- 
ply, 80-82;  no  evidence  Suuex  was 
sunk  by  submarine;  believed  to  have 
struck  mine,  82;   American   answer 
German  reply,  82,  89;  was  torpedoed 
without    warning,    83;    attack    inde- 
fensible,  84;    Germany   has   not   put 
promised   restraints  on    submarines, 
85;    unless   methods  are   abandoned 
the  United   States   will   sever  diplo- 
matic  relations   with   Germany.   86; 
German   reply.  00-04;    Germany  has 
imposed    restraints    on    use    of,    90; 
commanders  have  had  orders  to  con- 
duct warfare  in  accordance  with  prin- 
ciples of  visit  and  search,  90;  enemy 
trade  in  enemy  ships  to  be  sunk,  no 
contrary  assurance   ever   given,    90; 
Germany  has  made  several  proposals 
looking  to  safety  of  Americans  which 
have  not  been  accepted,  91 ;  Germany 
still  willing  to  come  to  an  agreement, 
91;    Germany    has    now    decided    to 
make  another  concession  for  benefit 
of  neutrals.  91;   Germany  does  not 
understand  difference  between  loss  of 
innocent    lives    by    submarines    and 
starving  of  many  millions  of  women 


372 


INDEX 


and  children  which  would  force  vic- 
torious   armie*    to    capitulate,    92; 
Germany  not  to  bear  re«ponaibility  if 
submarine  question  seriously  threat- 
ened   maintenance    of    peace    with 
United    States,    93;    in    accordance 
with  principles  of  visit  and  search, 
merchant  vessvis  recognized  by  inter- 
national law,  within  and  without  war 
zone  will  not  be  sunk  without  warn- 
ing, and  without  saving  human  lives, 
unless  such  ships  resist  or  seek  to 
esoapc.    93;    in    oonnequence    of    this 
order   it   is  not  doubted   the  United 
States  will  demand  of  Great  Britain 
observance  of  rules  of  international 
law,   93;    if   steps   taken    by   United 
States    be    not    successful    Germany 
reserves   complete   liberty   of  action, 
94;  American  reply,  04-95;  will  rely 
on    scrupulous   execution    of    altered 
policy,     94;     does     not     understand 
newly  announced  policy  in  any  way 
contingent  upon  diplomatic  negotia- 
tions between  United  States  and  any 
other     belligerent    government,    94; 
respect  of  German  naval  authorities 
for  rights  of  citizens  of  United  States 
cannot     Iw    made    contingent     upon 
conduct    of    other    governments,    95; 
Germany  reports  Bandoeng  incident, 
95;8uggestsneutralvessclseomplywith 
rules  of  visit  and  search  when  stopped 
by    submarines,    95-90;    hopes    Ger- 
many will  warn  commanders  to  make 
sure    merchantmen    understand    sig- 
nals   before    extreme    nuasures    are 
taken,  9/;   commanders  have  strict- 
est orders  to  keep  within  limits  of 
rules  laid   down   in  note  of   May  4, 
1916,    99;    German    submarine    fired 
on    bv    Knelish   yacht.    12! :    British 
Admiraltv  instructions  to  armed  mer- 
chantmen as  to  attack.  123,  126,  130- 
135;    list   of   cases   in   which   enemy 
merchantmen   have   attacked   subma- 
rines,   126-129;    memoranda    of   Ger- 
many   announcing   unrestricted    sub- 
marine   warfare     (Jan.    31,     1917), 
301-303;     recalls     submarine     state- 
ment   of    May    4.    1916,    301;    block- 
ade   iones   announced    uroimd    Great 
Britain,   France,   Italy,  and   Eastern 
Mediterranean  and  North   Sea,  301; 
American  protest.  303-305;   blockade 
of  Arctic  Ctcean  announced,  301I-310; 
Flood   Report  on.  326-338.      t^it    also 
Lusitania,   Falaba,   (lultii'jiit.    /-ff'a- 
nair,  etc. 
Suggestions   conrerning  the   war  made 


by  Prealdent  Wilson  (December  18, 
1910),  284-298;  suggests  that  an 
early  occasion  he  sought  to  call  from 
alt  belligerents  views  as  to  terms  of 
peace,  286;  note  to  Allied  Powers, 
281-287;  note  to  Central  Powers, 
287-289;  reply  of  Germany,  propos- 
ing conference  on  neutral  ground, 
289-290;  reply  of  Bulgaria,  pro- 
poses immediate  meeting  of  dele- 
gates, 290-291;  reply  of  Belgium, 
291-292;  reply  of  Allied  Powers, 
292-295;  note  from  A.  J.  Balfour,  in 
memorandum  from  British  Govern- 
ment, 295-298. 
Sulphate  of  ammonia,  not  contraband, 

10. 
Sulphate  of  soda,  not  contraband,  10. 
Sulphides  of  antimony,  contraband,  10. 
Sulphur,    conditional    contraband,    4; 

contraband,  9. 
Sulphuric  acid,  conditional  contraband, 

4;  contraliand,  9. 
Supplies   for   belligerent   vessels,    138- 

150. 
Supply  wagons,  contraband,  8. 
Sm»«('x,  steamer,   American   inquiry  as 
to  sinking,  78;  German  reply,  81-82; 
asks   further   data,   stating   a   ship, 
thought  to  be  a  mine-layer  had  been 
sunk  on  date,  82 ;  suggests  that  ship 
may  have  been  damaged  by  a  mine,  82 ; 
offers  to  submit  question  to  Interna- 
tional Commission  in  accordance  with 
Article  III  of   1007,  Hague  Conven- 
tion for  Pacific  Settlement  of  Inter- 
national Disputes,  82;  American  an- 
swer, 82-89;   was  torpedoed  without 
warning,   83-85;    never   employed   as 
troop  ship,  83;  statement  of  facts  by 
United    States,    86-89;     carried    no 
armament,  89;  German  reply,  00-94; 
reserves   communications   on   subject 
until  further  investigations  have  been 
made,  90 ;  if  investigation  shows  mis- 
take   on    part    of    submarine    com- 
mander, reparation  will  lie  made,  90; 
denies  instance  is  one  of  deliberate 
method  of  indiscriminate  destruction 
of  vessels  of  all  sorts.  90;   German 
note  of  Feb.  8,  1916,  gave  no  assur- 
ance   that    enemy    trade    in    enemy 
ships    within    war    zone    would    be 
spared,  00-91;   German  assurance  of 
May  4,   1916,  that  merchant  vessels 
within  and  without  war  zone  would 
not    be    sunk    without    warning   and 
without   saving   human  lives,   unless 
these   ships   attempt   to   escape,   93; 
American     answer,     94-95;     accepts 


INDEX 


373 


statement  of  abandonment  of  tub- 
marine  poliry,  94;  not  contingert  on 
other  diplomatic  negotiations,  95; 
German  promise  of  &Uy  4,  1916,  re- 
called. 313. 

Switzerland.  Bee  Ritter,  Paul,  Minis- 
ter of. 

Syria,  296. 

Tacony,  steamer,  tender  to  the  Florida, 
143. 

Tanning  materials,  contraband,  10. 

Tar,  conditional  contraband,  6-7. 

Taylor,  Frank,  taken  prisoner  on  Ger- 
man prize  ship  Yarrowdale,  222. 

Telegrams,  censorship,  215;  Germany 
protests  that  telegrams  sent  over 
Western  Union  relative  to  cotton 
matters  have  not  been  acknowledged, 
215;  asks  that  steps  be  taken  to 
secure  uninterrupted  messages  rela- 
tive to  cotton,  215. 

Telegraphs,  material  for,  conditional 
contraband,  3;  contraband,  9. 

Telephones,  materials  for,  conditional 
contraband,  3;  contraljand,  !». 

Telescopes,  conditional  contraband,  3; 
contraband,  8. 

Textile  industry  machines,  not  contra- 
band, 10. 

Tbierichens,  Captain,  German  Ambas- 
Biidor  asks  that  proposed  photo- 
graphs of  officers  and  erew«  of  in- 
terned Germans  be  not  made,  164- 
105;   request   granted,    165. 

ThiiTry,  Heizer,  escaped  from  intern- 
ment, 163;  to  be  sent  back,  168. 

Thimme,  Arthur,  taken  prisoner  on 
German  prize  ship  Yarroicdalc,  222. 

Thrasher,  Leon  C,  death  of,  44,  326. 

Tiles,  not  contraband,  II. 

Timei,  London,  135. 

Tinplate,  contraband,  9. 

Tires,  conditional  contraband,  9. 

Tirpitz,  Admiral  \on,  11. 

Tonawanda  Boat  Company,  208. 

Toulon,  France,  88. 

Travarrick,  see  Trcrarracn. 

Treaties,  a  bulwark  against  aggression, 
208;  if  existing  treaties  are  scraps  of 
paper,  can  fresh  treaties  help,  208; 
Prussia  and  United  States.  He: 
Prussian-American  Trentli's 

Trrmcadoir.  steamer,  tender  to  British 
cruisers,   147-148. 

Trevarraca,  steamer,  United  States  in- 
quires as  to  sinking  of.  108;  Ger- 
many reports  ship  searched  and  sunk 
as  an  enemy  ship,  after  crew  had  left 
in  boats,   115-116. 


Trifptl,  steamer,  United  Statei  in- 
quires as  to  sinking,  107;  Germany 
reports  ship  carrying  contraband  for 
enemy  was  sunk  after  crew  had  left 
steamer  in  boats  but  ten  miles  from 
Spanish  coast,  114. 

TsingUu,  Battle  of,  157. 

Tuhantia,  Dutch  steamer,  sunk,  329. 

Turkey,  reply  to  peace  suggestions  of 
President  Wilson,  280-200;  expulsion 
from  Europe  of,  204;  of  Union  and 
Progress,  296. 

Tuicalooia,  tender  to  the  Alabama, 
145. 

United  States,  suggested  advisability  of 
conforming  to  Declaration  of  Lon- 
don, 1 ;  suggestion  withdrawn,  2 ; 
German  reply  to  British  protest 
against  laying  of  mines,  forwarded 
to  British  Foreign  Office,  20;  reports 
steamer  Evelyn  sunk,  20;  further  re- 
port as  to  sinking  of  the  Evelyn,  20; 
reports  steamer  Varib  sunk,  21:  fur- 
ther report  as  to  sinking  of  the  ^i-f- 
lyn,  21 ;  captains  of  Evelyn  and  Carib 
state  no  sailing  direotions  were  given 
them  by  boarding  officer  of  British 
navy,  P'd  that  vessels  ran  on  mine 
field,  2i.,  protests  againitt  Oerman  Ad- 
miralty Proclamation  of  February  4, 
1015,  '27-20;  presents  draft  of  sug- 
gested agreement  between  Germany 
and  Great  Britain  on  subject  of  mari- 
time warfare,  35-37;  first  Lusitania 
note  (May  13,  101.^)),  44-47:  es'ks  for 
information  as  to  attack  on  Nebras- 
kan.  52;  second  t.iisitania  note 
(June  9,  1915),  52-56;  third  l.itsi- 
tania  note  (July  21,  19151,  61-63; 
inquires  as  to  sinking  of  Leelanau', 
04;  presents  summary  of  evidence  on 
sinking  of  Arabic.  68-60;  accepts  re- 
grets and  disavowal  of  Germany  in 
case  of  Araliic  and  is  prepared  to 
negotiate  indemnity.  70-71;  objects 
to  case  of  Lrrlannn-  going  liefore 
prize  court  and  suggests  settlement 
by  diplomatic  iiepotiations,  74;  in- 
quires whether  (ierman  submarine 
sunk  Sussex,  78;  inquires  whether 
German  submarine  sunk  Englishman, 
78:  inquires  whether  German  sub- 
marine sunk  Manchestir  En'/ineer, 
79;  inquires  whether  German  sub- 
marine sunk  Eagle  Point.  70;  in- 
quires whether  Oerman  submarine 
sunk  Beriiindvale,  70 ;  presents  state- 
ment of  facts  in  Sussex  i-ase,  H2-89: 
accepts  Orman  declaration  of  aban- 


374 


INDEX 


1^ 

m 

i 


ill 


donmrnt  of  robinmrine  poliiy,  »U.t- 
ing    luch    abandonment    understood 
not  to  be  contingent  on  other  diplo- 
matic   negotiations,    04-95;    inquires 
as  to  attacic  on  Owego,  «6;  further 
inquiry  as  to  attack  on  Owego,  97; 
submits  statement  as  to  attacic  on 
Oicego,  98-99;   inquires  of  Germany 
as  to   sinking  of   Roieanmore,    100; 
inquires  of  Germany  as  to  sinking 
of    Lebek    and    Delta,    100-101;    in- 
quires of  Germany  as  to  sinking  of 
lanao,  101;  inquires  of  Germany  as 
to  sinking  of  Arabia,   101;   inquires 
of  Germany  as  to  sinking  of  Colum- 
bian,  102;    inquires  of  Germany  as 
to  sinking  of  Barbara,  107 ;  inquires 
of  Germany  as  to  sinking  of  Trip- 
pel,  107 ;  inquires  of  Germany  as  to 
sinking  of  Lokken,  107;   inquires  of 
Germany  as  to  sinking  of  Travarrick, 
108;  asks  Great  Britain  as  to  status 
of  Marina.  109;  asks  Gnat  Britain 
for     additional     statement     as     to 
Marina,  112;  report  of  attack  on  the 
Rebecca     Palmer,     112-113;     memo- 
randa   on    armed    merchant    vecsels, 
116-118;      dissents      from      German 
opinion    relative    to    treatment    to 
be  accorded   armed   merchant   ships, 
119-120;    memoranda    on   status    of 
armed    merchant    ships    and    ships 
suspected    of    carrying    supplits    to 
belligerent  warships.  138-140;  states 
Lockaun  will   be   interned  at   Hono- 
lulu unless  Mhe  leaves  at  once,   141 ; 
states    Locksun    has    been    interned, 
142;  no  evidence  found  that  tug  F. 
B.     Dalzcll    furnished     supplies    to 
British  warships;  asks  German  Em- 
bassy  for   further   information,    143- 
144;   again   states  Lockaun  must  be 
interned   and  asks   further   informa- 
tion as  to  unneutral   service  of  tug 
F.  B.  Dalzcll,  144145;   Mallina  and 
7'remfadoir  accorded  same  treatment 
given     belligerent     vessels     of     war, 
147-148;    discusses  traffic   in   contra- 
band of  war  and  supplies  for  bellig- 
erent  vessels,    148-150:    states  views 
of    United    States    relative    to    Ger- 
man-American trade  and  exportation 
of  arms,  ISS-l.Vi;   Qeier  allowed  till 
November  ti.  1914,  to  make  necessary 
repairs,  150;  the  Ocirr  and  Lockaun 
interned    November    8,    1914,     157; 
reply     to     letter     of     November  11, 
1914,     relative     to     internment     of 
two  officers  of  Oder;  case  of  British 
Major  Robertson  has  no  resemblance, 


158-159;    Print  EHel  Pritdrieh  al- 
lowed till   April   7,   191S,     o  make 
repairs  and  leave  territorial  waters, 
159;    time    extended    to    April    29, 
1915,  161;  calls  attention  to  escape 
of  paroled  officers  and  men  from  in- 
terned  vessels   and   asks   their   re- 
turn;   cites    case    of    Russian    ship 
Lena    interned    during    Russo-Japa- 
nese War,  162-164;  G<  rman  Ambas- 
sador asked  to  bring  facts  of  escape 
of  paroled  officers  and  men  to  atten- 
tion of  bis  government,  164;  grants 
request   that   officers   and   crews   of 
Pnnz  Bit  el  Friedrich  be  not  photo- 
graphed, 165;  again  calls  attention 
to  escape  of  paroled  officers  and  men 
from  interned  ships,   167;   acknowl- 
edges reply  of  German  Foreign  Office 
to  request  for  return  of  paroled  offi- 
cers and  men  from  interned  ships, 
168-169;      steamer     Odenuiatd     at- 
tempted   to   sail    without    clearance 
papers  from  San  Juan,  Porto  Rico, 
and  was  fired  on,  171174;  presents 
claim  of  captain  and  owners  of  Wil- 
liam P.  Frye,  sunk  by  Prinz  Eitel 
Friedrich,     175-178;    prefers    claims 
should  be  settled  by  diplomatic  ne- 
gotiations and  not   submitted  to  a 
prize  court,   178-179;   again  objects 
to  claim  going  before  a  prize  court, 
181-184;   accepts  German  suggestion 
for  settlement  of  amount  of  indem- 
nity by  commission  of  experts  and 
suggests  appointment  of  umpire,  188- 
189;  agrees  appointment  of  umpire 
in  advance  not  necessary,  and  con- 
curs  in   suggeGtion  that  compromts 
be   arranged   by    Foreign    Office   and 
American  Ambassador,  191-193;  dis- 
cusses   status    of    Appam;    Article 
XIX,  of  Treaty  of  1799,  not  applica- 
ble. 199-202;  discusses  application  of 
Article  XIX,  o*  Treaty  of  1799,  to 
Appam;  cannot  accept  proposal   to 
refer    interpretation    of    treaty    to 
Hague  Court,  206-207;  does  not  con- 
sider hydroaeroplanes  as  vessels  of 
war,  209-210;  requests  recall  of  Cap- 
tain Boy-Ed  and  Captain  von  Papen, 
210-Lll;    again    requests    recall    of 
Captain    Boy-Ed    and    Captain    von 
Papen,    211;    safe   conducts   granted 
the    two    officers,    212-213;    submits 
proposed    regulations    for    transmis- 
sion of  diplomatic  and  consular  offi- 
cers in  belligerent  territory,  214;  reg- 
ulations for  transmission  of  mail  of 
diplomatic  and  consular  correspond- 


INDEX 


376 


ence,  214-215;  dcclinft  to  order  Amer- 
ican warihips  in  Mediterranean  to 
fly  flag  by  day  and  keep  ship  and 
flag  flghted  by  night,  216-217 ; 
American  Ambassador  reports  ar- 
rival of  the  Yarroicdale  with  neutral 
priionera,  220;  inquitcs  of  Germany 
if  there  are  any  Americans  among 
Yarroicdale  prisoners,  220;  second 
inquiry  made  of  German  Fortign 
Office  as  to  Yarrotcdale  prisoners, 
220;  reported  that  there  were  Ameri- 
cans among  Yarrowdale  prisoners, 
221 ;  German  Foreign  Office  advises 
Ambassador  of  presence  of  Ameri- 
cans among  Yarrowdale  prisoners, 
221;  list  of  Americans,  222;  will  be 
released  at  once,  222-223;  release 
conditional  on  German  vessels  in 
American  waters  not  being  seized 
and  crews  interned,  223;  release 
again  promis<;d  by  Spanish  Ambassa- 
dor at  Berlin,  223;  formal  demand 
made  for  release,  or  measures  will 
be  taken  to  obtain  satisfaction, 
223-224;  ambassador  to  Spain 
asked  for  full  report,  224;  re- 
ports prisoners  detained  owing  to 
case  of  typhus  fever  among  them, 
224-226;  release  promised  March  7, 
four  of  prisoners  already  in  Den- 
mark, 225-226;  Spanish  doctor  ap- 
proved quarantine,  226;  fifty-nine 
prisoners  left  Germany,  227;  arrived 
in  Zurich,  March  11,  227;  no  com- 
plaint made  by  prisoners  of  treat- 
ment on  high  seas  or  at  Swine- 
munde,  but  treatment  at  Branden- 
burg very  harsh;  knew  nothing  of 
contagious  diseases,  227;   report  on 

I>risoners,  by  Minister  to  Switzer- 
and,  227-228;  last  Yarroirdnit  pris- 
oner left  for  Denmark  March  18, 
228;  does  not  question  at  thin  time 
right  of  Germany  to  cancel  exequa- 
turs in  occupied  territory,  2:t  I -2.1-i ; 
consuls  of  United  States  at  Brussels, 
Lifge  and  Antwerp  to  continue, 
232;  acknowledges  receipt  of  Belgian 
note  relative  to  German  note  grant- 
ing temporary  recognition  to  con- 
suls, 232;  proposed  recognition  of 
consul  at  Warsaw  is  satisfactory, 
235-236;  definite  assurances  asked 
Germany  relative  to  Belgian  Relief 
Commis'sioi).  236;  plan  approved  by 
Germany  for  supplying  food  to 
needy  in  Brussels,  submitted  by 
American  mini!<ter  at  Brussels,  236- 
237;  informs  Great  Britain  of  plan. 


237;  instructs  American  minister  at 
Brussels    to    proceed    according    to 
plan,  238;  asks  whether  France  will 
give  assurance  of  recognition  of  neu- 
tralitv  of  goods  ship^  to  Belgian 
Relief  Commission,  238 ;  asks  if  Ger- 
many will  permit  passage  of  Belgian 
Relief   Commission    ships   from    the 
United  States  to  Holland,  239;  asks 
whether  there  is  an  embargo  on  im- 
portation   of    second-hand    clothing 
into  Belgium,  239;  asks  Germany  to 
grant   safe   passage   to   British   and 
neutral  shins  with  supplies  for  Bel- 
gium, and  for  permission  for  Ameri- 
can automobiles  to  distribute  food, 
239-240;   informs  German  Ambassa- 
dor   of    notification    that    Germany 
will  grant  safe  passage  to  unneutral 
ships  carrying  food  to  Belgium  and 
having  certificates  endorsed  by  Ger- 
man   Ambassador,    240-241;    regrets 
no  suitable  naval  vessels  can  be  util- 
ized ior  carrying  supplies  for   Bel- 
gian Relief  Commission  and  suggests 
charter  of  neutral  vessels,  242 ;  trans- 
mits thanks  of  Belgian  Relief  Com- 
mi«sion  for  assistance  of  German  Gov- 
ernment, 243;  inquires  whether  Ger- 
man civil  commander  of  Province  of 
Limberg  is  exacting  import  tax  on 
foodstuffs    sent    by    Belgian    Relief 
Commission,  247 ;  asks  report  on  re- 
moval of  tax  on  foodstuffs  in  Lim- 
berg, 248;  informed  Limberg  tax  re- 
moved   and    money    refunded,    248; 
Belgian    Relief   Commission   advised 
of    exemption    of    cattle    and    their 
food     from     requisition,     253;      ac- 
knowledges   receipt    of    note    from 
Germany   relative   to   exemption    of 
Givet    and     Fumay    from     requisi- 
tion   of     foodstuffs,     254;     informs 
London      Kmbassy     of     attack      on 
Elfiand  and   German   suggestion   as 
to  mark  on  upper  deck  of  Re- 

lief shipe,  56;  statement  to  the 
Press  on  -ithdrawal  of  American 
Legation  from  Belgium,  256;  ad- 
vises Germany  of  action  of  German 
military  authorities  in  Belgium  in 
demanding  list  from  Comiti  National 
de  Secours  et  d'Alimentation,  258: 
advises  Germany  of  unfortunate  im- 
pression created  in  neutral  countries 
by  Belgian  deportations,  259;  pro- 
tests to  Germany  against  deporta- 
tion, 260;  transmits  to  Great  Britain 
the  peace  note  of  Central  Powers, 
276;    transmits   to   Central   Powers, 


:76 


INDEX 


If       ' 


m 


reply  of  Entente  Power*  to  pe«ee 
note,  879;  loggeiti  that  an  early 
occasion  be  aought  to  rail  belligerent 
viewi  as  to  terms  of  peace,  284-28!); 
announces  severance  of  diplomatic 
relations  with  Germanv  and  fur- 
nishes German  Ambassador  his  pass- 
ports, 306  J  address  of  President  Wil- 
son to  the  Congress,  February  3,  1917, 
306-300;  replies  to  German  proposal 
as  to  modification  of  treaty  of  1700, 
310-312;  does  not  look  with  favor 
upon  proposed  agreement  to  alter 
Article  XXIII  of  Treaty  of  1790,  312- 
315;  statement  to  the  Press,  315-316; 
ng  to  discuss  any  questions  with 
Ov.Jiany  provided  German  Proclama- 
tion of  "January  31,  1017,  is  canceled 
and  assurances  of  May  4,  1016, 
renewed,  315-316;  address  of  Presi- 
dent Wilson  to  the  Congress,  April 
2,  1917,  316-324;  circular  of  De- 
partment of  -itate  to  all  missions, 
with  copy  of  President  Wilson's  ad- 
dress, 325;  Flood  Report  on  War 
with  Imperial  German  Govern- 
ment, 326-338;  Joint  Resolution  of 
Congress  declaring  a  state  of  war 
to  exist  between  the  United 
States  and  Germany,  333-33it;  pro- 
clamation of  the  existence  ot  a 
state  of  war  with  Germany,  339- 
342. 
Unneutral  conduct,  United  States  not 
guilty  of,  28. 

Vanadium,  contraband.  10. 

Van  Dyke.  Henry,  American  Minister 
to  Holland,  244,  247,  249,  250,  254, 
25.'). 

Vdringen,  steamer,  111. 

Varnish,  not  contraband,  11. 

Vehicles,  onnditional  contraband,  3; 
contraband,  9. 

Vessels,  conditional  contraband,  3; 
contraband,  10. 

Victor  Chararri,  steamer,  115. 

Villarico,  107. 

Visit  and  search,  sole  right  of  a  bel- 
ligerent in  dealing  with  neutral  ves- 
sels, limited  to.  28;  in  dealing  with 
merchant  ships  submarines  only  to 
exercise  right  of,  36;  obligation  to 
make,  45;  German  submarine  com- 
manders under  orders  to  conduct 
warf.ire  in  accordance  with  general 
principles  of.  90. 
yoltaire,  merchantman,  sunk  and  crew 
brought  to  Swinemunde  by  German 
prize  ship  Yarroicdale,  221,  222. 


Wagons,  military,  contraband,  3;  tap- 

ply,  contraband,  8. 
WtiT,  must  be  conducted  by  armed 
and  organized  forces,  67;  declara- 
tion against  Germany.  316-325;  war 
with  Germany,  Flood  Report,  326- 
338. 
Warren,  Gertrude  W.,  statement  as  to 

Suttex,  87. 
Warsaw,  American  Consul  at,  to  be 
recognized  by  Germany,  236;  ac- 
cepted by  United  States,  236. 
Warships,  including  boats  and  com- 
ponent parts,  contraband,  3,  9 ;  mark- 
ings, 216-210;  Germany  suggests 
American  warships  in  Meiditerranean 
display  flag  where  it  can  be  seen  by 
day  and  bo  sufficiently  lighted  by 
night,  216;  American  reply,  216-217; 
not  required  by  international  agree- 
ment to  display  flag  except  when  in 
sight  of  other  vessels,  217;  within 
territorial  or  blockaded  waters  spe- 
cial rules  may  lie  suggested,  but  not 
on  high  seas,  217;  Germany  to  be 
responsible  for  prevention  of  uninten- 
tional attacks  on  American,  217; 
German  reply,  218;  not  intended  to 
issue  instructions,  but  merely  sug- 
gestion, 218-219;  asks  that  suggest- 
ion be  reconsidered,  210. 
War  zones,  German  proclamation,  Feb- 
ruary 4,  1915,  24-25;  waters  sur- 
rounding Shet  lands  and  Orkneys,  de- 
clared in,  37;  warning  to  travelers 
published  by  German  Embassy.  46 ; 
cannot  effect  riglits  of  American 
shipmasters  or  citizens.  65.  Sec  algo, 
Submarine  vnrfarc. 
Washington,  Horace.  American  Consul, 

Liverpool,  England,  113. 
Watches,  not  contraband,  10. 
Watson,  first  officer  of  Koicanmore,  100. 
Watts,     EthellH'rt,     American     Consul 
General  at  Brussels,  on  leave,  not  to 
return;  Germany  willing  to  have  his 
place  filled,  235. 
Wo't.    Francis    Sully,    talfen    prisoner 
on   German    prize    ship    Yarroirdak, 
.3  ■">■>, 
Wbithy.  bombardment  of,  41. 
Whitlock.    Brand.    American    Minister 
to   Belgium.   237,   245.   250-254,   257, 
263,  270,  273. 
Willielm  II.  Emperor  of  Germany,  11. 
Wilhehnina.     steamer,     brought      into 
Enplisli   port,   .30;    detention   of.  41: 
seizure  a   violation   of   international 
law.  151. 
Vi'illard,  Joseph  Edward,  American  Am- 


INDEX 


377 


iMMMlor  to  Spaiii,  283,  224,  226- 
228. 
William  P.  Fryt,  tailing  vettel,  41; 
United  Statei  unwilling  for  amount 
of  indemnity  to  be  settled  by  Ger- 
man Prize  Court,  74;  case  of,  175- 
196;  United  States  asks  damages  for 
owners  and  captain,  for  sinking  of, 
175176;  reply  of  Germany,  176-177; 
sunk  because  of  cargo  of  contraband 
wheat,  176;  crew  and  papers  taken, 
176;  prize  proceedings  to  be  insti- 
tuted before  prize  court  at  Hamburg, 
177;  under  Prussian-American  trea- 
ties of  1700,  182!8,  cargo  must  be 
paid  for,  even  if  contraband,  177; 
American  reply  to  German  note,  178- 
170;  objects  to  case  being  submitted 
to  prize  court,  178;  destruction  of 
vessel  violation  of  Prussian-American 
tnaties,  178;  liability  of  Germany, 
standing  oT  claimants,  and  amount 
of  indemnity  lend  themselves  to 
diplomatic  negotiations,  178;  ques- 
tion of  liability  already  settled,  178; 
status  of  claimants  and  amount  of 
indemnity  only  questions  remaining 
to  be  settled,  178;  claim  under  dis- 
cussion does  not  include  damages  for 
value  of  cargo,  178;  recognizes  Ger- 
many will  wish  to  be  satistied  as  to 
the  ownership  of  vessel  and  damages 
sustained,  178;  suggests  the  ad- 
visability of  transferring  diplomatic 
negotiations  to  Washington,  170:  in 
view  of  treaty  stipulationi^,  not  nec- 
essary to  enter  into  diseussion  of 
Declaration  of  London.  170:  Oirman 
reply  to  American  note.  170-180; 
Germany  does  not  admit  destruction 
of  vessel  was  violation  of  Prussian- 
American  treaties,  170;  right  to  de- 
tain involves  right  to  destroy  prize, 
if  necessary.  170-180;  in  interna- 
tional law  any  exercise  of  right  of 
control  over  trade  in  contraband  is 
subject  to  decision  of  prize  court, 
180;  treaties  do  not  mention  how 
the  compensation  is  to  lie  fixed.  180; 
no  foundation  for  claim  of  American 
Government  unless  prize  court  should 
not  grant  indemnity  in  accordance 
with  treaty,  180;  prize  proceedings 
indispensable,  180;  prize  court  to 
decide  whether  destruction  of  ship 
and  cargo  were  legal,  180;  simplest 
way  for  Americans  interested  would 
be  to  enter  them  in  accordance  with 
provisions  of  German  Prize  C'oile, 
180;  American  reply  to  German  note. 


181-184;  cannot  concur  in  German 
concluaioM,  181;  lole  quettion  under 
dibOuasioB  method  for  aicertainlng 
amount  of  indemnity,  181;  notes 
with  surprise  Germany  deiirei  to 
raise  questions  as  to  meaning  and 
effect  of  treaty,  181;  does  not  find 
treaty  justifies  sinking,  and  does  not 
consider  German  Prize  Court  has 
jurisdiction  over  question  of  indem- 
nity, 181;  treaty  provisions  do  not 
authorize  destruction  of,  182;  facts 
show  master  of  vessel  was  willing 
to  throw  overlward  cargo,  182;  Ger- 
many has  admitted  question  of  con- 
traband does  not  enter  into  question 
of  damages,  182;  master  should  have 
been  allowed  to  discharge  cargo  and 
vessel  to  proceed,  182;  whether  cargo 
was  contraband  or  not,  destruction 
of  vessel  was  violation  of  Prussian- 
American  treaties,  183;  discussion 
of  treaty  provisions  cannot  be  re- 
ferred to  German  Prize  Court,  183; 
full  indemnity  for  destruction  of  ves- 
sel required,  183;  real  question  the  in- 
terpretation of  the  treaty,  183;  decis- 
ion of  prize  court,  even  as  to  amount 
of  indemnity,  would  not  lie  binding  on 
United  States,  184;  dissents  from 
view  that  there  would  be  no  founda- 
tion for  claim  unless  prize  court 
does  not  grant  indemnity,  183-184; 
not  concerned  with  what  Germany 
may  do  as  to  other  claims  of  neu- 
trals, 184;  asks  Germany  to  recon- 
sider subject  and  submit  claim  to 
diplomatic  negotiations,  184:  Ger- 
man reply,  184-187;  calls  attention 
to  fact  that  it  is  not  disputed  by 
United  States  that  neutral  vessels  may 
be  sunk,  185;  application  of  Declara- 
tion of  L,ondon,  186;  decision  ren- 
dered August  7,  101.5,  by  Hamburg 
Prize  Court,  187;  court  decided 
cargo  contral)and,  and  as  vessel  could 
not  be  taken  into  port  the  sinking 
was  justified,  187;  court  recognized 
validity  of  Prussian-American  trea- 
ties l)y  which  so  far  as  American 
property  was  concerned,  Germany  is 
liable  for  indemnity,  187;  no  data 
to  fix  damages,  187;  suggests  each 
government  appoint  two  experts  to 
fix  damages  fur  loss  of  vessel  and 
American  property  in  cargo,  187:  ex- 
pressly declares  payment  is  not  as 
satisfaction  for  violation  of  treaty 
rights  hut  duty  and  policy  of  Git- 
many    founded    on    existing    treaty 


378 


INDEX 


W 


•tlpulattoM,  187;  if  Unitrd  Statct 
doM  not  agree  to  this  Ocrmany  is 
willing  to  (ubmit  quMtlon  of  treatie* 
to  Permanent  Court  at  The  Hague, 
187;  American  repljr,  188-180;  ac- 
eepti  offer  to  lubmit  question  of  in- 
demnity to  two  experts,  188;  siw- 
gests  an  umpire  in  addition,  188; 
accepts  offer  to  submit  treaty  inter- 
pretation to  Permanent  Court  at 
The  Hague,  189;  necessary  to  have 
agreement  as  to  naval  operations 
pending  award,  189;  German  re- 
ply, 189-191;  agrees  to  proposal  to 
separate  question  of  indemnity  from 
treaty  interpretation,  180;  does  not 
think  umpire  necessary,  180;  sug- 
gested that  eomjtromit  be  agreed 
upon  between  Foreigi  OtBce  and 
American  Embassy,  lOo ,  Dr.  Kepny 
designated  as  German  expert,  100; 
Foreign  Office  is  prepared  to  submit 
draft  compromi't,  100;  commanders 
ordered  not  to  destroy  American 
merchantmen,  loaded  with  condi- 
tional contraband,  but  to  follow 
Declaration  of  London  in  case  of 
absolute  contraband,  101;  American 
reply,  101-103;  agrees  that  it  is 
not  necessary  to  nominate  um- 
pire, 102;  in  case  experts  and  diplo- 
matic negotiations  do  not  settle  in- 
demnity, question  will  be  referred 
to  umpire,  102;  suggests  meetings 
be  held  in  United  States.  102;  pre- 
fers arbitration  by  summary  pro- 
cedure according  *-^  the  Hague  Ar- 
bitration Convention  instead  of  by  pro- 
cedure before  Permanent  Court  at  The 
Hague,  103;  German  reply,  103-106; 
cannot  consent  to  meeting  of  experts 
in  Washington,  104;  suggests  con- 
sultation by  correspondence  between 
the  experts.  104;  cannot  consent  to 
appointment  of  umpire,  104;  Dr. 
Oreve  designated  as  German  expert, 
104 ;  submits  text  of  draft  compromU, 
105-106;  Germany  aslts  for  interpre- 
tation of  Prussian-American  treaty  in 
case  of  Appam,  similar  to  that  pro- 
posed in  ease  of,  204;  Appam  case 
differs  from,  207;  Flood  Report  on, 
328. 

Williams,  Evans,  taken  prif>oner  on 
German  prize  ship  Yarroicdale.  222. 

Wilson,  Woodrow,  President  of  the 
United  States,  letter  to  Senator 
Stone,    136;     statement    concerning 


tmbsrio  on  am*  to  Maxleo,  IS2; 
suggesliona  conccfBing  tha  war,  284- 
298;  address  to  the  Congraaa  (Fab. 
3,  1917),  3M-309;  address  to  tha 
CoBgreaa  (April  2,  1917),  317-32S. 

Winkow,  Guatav,  aafe  conduct  asked 
and  granted,  212. 

Wire,  barb,  conditiooal  contraband,  3; 
contraband,  9. 

Wireless  telegrapha  material  for,  con- 
ditional contraband,  3,  9. 

Wolfram,  contraband,  10. 

Wolframite,  contraband,  9. 

Wood,  conditional  contraband,  4-7. 

Wood,  tar,  conditional  contraband,  7. 

Woodfield,  steamer,  British  inatruetiona 
to  armed  merchantmen  found  on,  130, 
132-134. 

Wool,  contraband,  9. 

Woolen,  carded  yarns,  contraband,  9. 

Worsted  yarns,  contraband,  0. 

Yarmouth,  England,  bombardment  of, 
41. 

Yarn,  contraband,  0. 

Yarroicdale,  steamer,  American  pris- 
oners of  war  taken  to  Germany  on 
German  prize  ship,  220-228;  names 
of  prisoners,  222;  prisoners  at  camp 
at  Duelmen,  222;  release  asked,  or 
German  ships  in  American  watera 
will  be  interned,  223;  Germany 
promises  to  release,  223;  United 
States  demands  immediate  release, 
224 ;  notice  of  release,  224 ;  report  aa 
to  release  asked,  224;  Germany  re- 
ports prisoners  quarantined  at  Bran- 
denburg on  account  of  typhus,  225; 
to  be  released  seventh  of  March,  225 ; 
•Spanish  doctor  approved  quarantine, 
226:  fifty-nine  of  prisoners  arrived 
in  Zurich,  227;  did  not  complain 
treatment  on  high  seas  or  in  first 
camp  at  Swinemunde,  227;  reported 
inhuman  treatment  at  Brandenburg, 
227;  last  prisoner  left  Geimany, 
227. 

Yataka  Maru,  Japanese  liner,  sunk,  329. 

Zabriskie.  Dr.,  taken  prisoner  on  Ger- 
man prize  ship  Yarrotrdale,  222;  in 
prison  camp  at  Karlsruhe,  222;  de- 
parted for  Denmark,  226. 

Zeppelin  raids,  41. 

Zimmermann,  Alfred,  German  Under 
Secretary  of  State  for  Foreign  Af- 
fairs, 75,  100,  104,  106,  112,  115,  168. 
245,  247,  200,  338. 


